Disability specialists....question

[WilmywoodNCparalegal]

can a construction worker (hourly) who is temporarily disabled but NOT due to a job-related accident be fired because he cannot do his job duties due to that disability (he cannot operate heavy equipment because of gout in his leg which renders him unable to walk without a cane)? I would think that's a major no-no under the ADA and that reasonable accommodations needs to be made for him.... ???

[taterguy]

1. Yes he can be fired

Whether or not he could successfully sue for being fired is a matter too complex to possibly be answered by the wankers that hang out here

[Inchworm]

2. I'd say he can be fired

Kind of sucks but Tater is right.

That's why I suggest Unions. At least then the person would have a voice.

:(

[3dogday]

3. I don't think the ADA covers temporary disabilities

However, Bush recently signed some legislation related to the ADA (ie, ADA restoration act), so some of the conditions for establishing disability may loosen up.

I'm not an expert but work peripherally on some ADA issues. Hopefully, someone on DU knows more about it.

Good luck.

[dysfunctional press]

4. is he in a union?

but yes, he can be fired/laid-off.

[KamaAina]

5. Question: Is gout a temporary or permanent disability?

It flares up from time to time, and is often treatable with meds (allopurinol), but never goes away completely the way, say, a broken leg does.

[SeattleGirl]

6. Yes, he can be fired.

One thing to also keep in mind is that the ADA states that:

"A) not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity".

"Undue hardship" can mean excessive cost to the company; it can mean accommodating to the point where others have to pick up essential functions of the job because the person cannot do it; it can mean the accommodation could pose a danger to the disabled person or others.

[philosophie_en_rose]

7. Depends

He really should contact a disability advocate to get particular help. It's highly unlikely he'll get appropriate advice here, because there are a lot of factors involved. Generally speaking, he might be able to take time off for medical reasons and they can't discriminate against him for having a disability, but he has to be able to do the job with reasonable accommodations (such as modified equipment etc) and there are exceptions if the accommodations are unduly expensive.