Laborpedia term of the week
Rehabilitation Act of 1973
Section 504 of the Rehabilitation Act of 1973 is a national law that protects qualified individuals from discrimination based on their disability. The nondiscrimination requirements of the law apply to employers and organizations that receive financial assistance from any Federal...
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PC Blog
 | Scent of ADAAA Regs Sniffed in Detroit Lawsuit Settlement03/08/10The City of Detroit recently settled an Americans With Disabilities Act (ADA) lawsuit filed by an employee who unsuccessfully sought a reasonable accommodation because a coworker's perfume made it difficult for her to breathe.
Now, one might conclude that a municipality may have more inclination to settle than fight since it's using OPM (other people's money), whereas a private employer might try to win in court.
However, with ADAAA (ADA Amendments Act) regulations coming soon (July), the woman's request for a reasonable accommodation and the city's rapid settlement both make sense.
The ADAAA defines disability as anything that limits a "major life activity," and breathing is certainly a major life activity. The employer might argue that in this case the...
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