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Is Asthma a Disability?

David Manes

Dec 3, 2018
4 min

Is Asthma a Disability?

In society, asthma is rarely considered a disability, but based on its symptoms and effects, asthma is considered by law to be a disability. Although asthma can be treated, an asthma attack can be debilitating since it prevents breathing. In some situations, asthma can be so bad that a person may be unable to work. Is Asthma a Disability? Laurie was diagnosed with asthma at a young age. She keeps the condition controlled. However, at her office, a deep clean occurs a couple o

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Is Body Odor a Disability under the Law?

David Manes

Sep 12, 2018
5 min

Is Body Odor a Disability under the Law?

Workplace body odor situations stem from many different problems. Sometimes it has to do with poorly washed clothing or not changing clothes after a lunch workout. An employee may not be aware of the odor or may have a medical issue that causes the offending smell. All in all, it often falls to management to deal with the problem. Studies show that most people prefer to be informed about emitting an odor, but that doesn’t alter the awkwardness of broaching the conversation. B

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After Employee Discusses Her Disability at Work, Supervisor Allegedly Tells Her “this Job isn’t for

David Manes

Mar 27, 2018
3 min

After Employee Discusses Her Disability at Work, Supervisor Allegedly Tells Her “this Job isn’t for

FOR IMMEDIATE RELEASE Employee Files Lawsuit against Pittsburgh Action Against Rape for Disability Discrimination Caroline joined the team at Pittsburgh Action Against Rape as a counselor in May 2015. Over a year later, Caroline noticed that her job had negative effects on her so she pursued treatment from a psychiatrist for anxiety, depression, and post traumatic stress disorder (PTSD). Her daily work involved dealing with child sexual abuse, which was stressful and emotiona

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Employee with Disability Uses FMLA Leave then Allegedly Accused of Drug Abuse and Fired Without Drug

David Manes

Mar 23, 2018
2 min

Employee with Disability Uses FMLA Leave then Allegedly Accused of Drug Abuse and Fired Without Drug

FOR IMMEDIATE RELEASE Employee Files Lawsuit against UPMC McKeesport for Disability Discrimination In October 2012, Kari accepted a position with UPMC McKeesport as a registered nurse in the emergency department. Four years later, she left on approved FMLA leave to give birth. After the birth, Kari used 6 weeks of short term disability (STD) leave and then 6 weeks of her personal time off. During this time, her counselor suggested that Kari was experiencing the postpartum sym

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Substance Dependence: Is it a Disability?

David Manes

Mar 2, 2018
4 min

Substance Dependence: Is it a Disability?

Yes, substance dependence is considered a disability, and the federal government obligates employers to offer reasonable accommodation if the worker meets job duty standards. Ongoing illegal drug use receives no protections from the law. But recovering addicts are protected from discrimination for past drug addiction. No matter if you have an alcohol or drug problem, employers are permitted to expect a certain level of performance from every employee. The addition of medical

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Service Animals in the Workplace: Questions and Answers

David Manes

Aug 1, 2017
3 min

Service Animals in the Workplace: Questions and Answers

Service animals function as an aid to individuals with a disability, whether helping with major life functions or acting as a type of alarm of a coming episode. As participants in society, service animals receive more respect and mobility within public places than a pet. However, individuals with service animals sometimes face certain unfair treatment from employers because of their dependence on a service animal. What is the Definition of a Service Animal? Americans with Dis

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David Manes

Dec 28, 2016
2 min

What Does A Disability Lawyer Do To Help My Social Security Claim?

A disability lawyer offers a lot of legal expertise, hearing etiquette, and a professional network to your social security claim. The fact of the matter is that an experienced lawyer not only knows the claim process but he or she also interacts frequently with those weighing your claim. Therefore, a disability lawyer is likely to be able to expedite your case. 1. Review the questions you’ll be asked. During the hearing, you will likely be questioned about your circumstances a

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David Manes

Oct 19, 2016
3 min

I’m A Veteran With A Disability. What Are My Rights Under ADA?

The United States protects workers with a disability from discrimination, including securing the rights of any veteran who has sustained a permanent injury or disability from his or her service. Therefore, a number of laws provide for the veteran. We will go into the laws below. What Laws Protect A Disabled Veteran From Employment Discrimination? There are a few. The two notable ones are Uniformed Services Employment and Reemployment Rights Act (USERRA) and Americans with Dis

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Reasonable Accommodation According To ADA

David Manes

Oct 6, 2016
2 min

Reasonable Accommodation According To ADA

The Americans with Disabilities Act (ADA) provides that employers make reasonable accommodation for individuals with disabilities. These accommodations must be made for job applicants as well as current employees. The key is that the individual with disabilities is qualified for the position and able to do the essential functions of their job description. In some cases, employers struggle to meet reasonable accommodations because of something termed undue hardship. When undue

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David Manes

Jan 29, 2015
2 min

Do I have a disability under the ADA?

The Americans with Disabilities Act of 1990 (“ADA”) prohibits discrimination against people with disabilities. It ensures equal opportunity in employment for disabled persons. The statute specifically provides that: No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privil

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David Manes

Jan 28, 2015
2 min

How to file a Social Security Disability Claim

If you have been injured on the job and developed a disability as a result, you may be entitled to Social Security Disability Benefits (“SSD Benefits”). If you decide to explore your options and see if you are eligible for SSD Benefits, you should first ask yourself a few questions. Is your disability severe? Does your disability limit your daily life? Has your condition/disability lasted for longer than twelve months? Do you have a doctor that will support your position? If

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David Manes

Jan 14, 2015
3 min

Does an Employee have a Duty to engage in the Interactive Process under the ADA?

The Americans with Disabilities Act (“ADA”) provides protection for “disabled individuals” who are currently employed or seeking employment. If an individual is disabled under the ADA, Employers are required to reasonably accommodate the individual’s disability by engaging in the “interactive process.” Failure for an Employer to engage in the interactive process of providing an accommodation is potential for an employment discrimination lawsuit. However, it is important to

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David Manes

Jan 12, 2015
3 min

What duties does an employee have under the ADA?

The Americans with Disabilities Act (“ADA”) provides protection for “disabled individuals” who are currently employed or seeking employment. If an individual is disabled under the ADA, Employers are required to reasonably accommodate the individual’s disability. However, an individual first has to satisfy his/her duties in order to trigger the Employer’s duties to provide an accommodation under the ADA. First, the individual has to establish that he/she actually has a case un

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David Manes

Nov 11, 2014
3 min

Is Obesity Considered a “Disability” under the ADA?

The Americans with Disabilities Act of 1990 (“ADA”) prohibits discrimination against people with disabilities. It ensures equal opportunity in employment for disabled persons. The statute specifically provides that: No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privil

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David Manes

Sep 22, 2014
3 min

KM&A Files Suit For Civil Rights Investigator Against The State Agency Responsible for Eliminat

Williams v. PHRC Complaint Exhibit A KM&A Press Release – Williams v. PHRC federal lawsuit FOR IMMEDIATE RELEASE September 22, 2014 PITTSBURGH, PA, Sep 22, 2014 – Former civil rights investigator Cheryl Williams filed a federal discrimination suit on Monday against the state agency responsible for eliminating discrimination. Williams alleges that the Pennsylvania Human Relations Commission discriminated against her on the basis of her disability, race, sex, and age. One side

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David Manes

Jun 2, 2014
2 min

What exactly is a “disability” under the ADA?

The Americans with Disabilities Act (“ADA”) provides protection for “disabled individuals” who are currently employed or seeking employment. The ADA provides many remedies for individuals who may need a special accommodation in order to secure employment. If you are an individual currently working or seeking work and need an accommodation, under the ADA, your Employer may have to provide you with such an accommodation. If your Employer fails to provide you with an accommoda

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David Manes

May 23, 2014
3 min

Americans with Disabilities Act – Failure to Accommodate

The Americans with Disabilities Act (“ADA”) provides protection for “disabled individuals” who are currently employed or seeking employment. The ADA provides many remedies for individuals who may need a special accommodation in order to secure employment. If you are an individual currently working or seeking work and need an accommodation, under the ADA, your Employer may have to provide you with such an accommodation. If your Employer fails to provide you with an accommod

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