Do you have to apply for disability to be covered under Americans with Disabilities Act (ADA) or can it just be documented by a MD?
Basically, I have a case study that I have to analyze. In the study, a woman was discharged because of a medical issue that wouldn't necessarily stop her from doing an essential job function. So, I was going to address the topic of ADA. The woman initially had issues with her hands that got worse. She never applied for disability or asked for reasonable accommodation. However, she did have her medical issue documented by her own doctor and by the company's MD. So, my question is:
Do you have to apply for disability to be covered under ADA, or can it just be documented by a MD?
I've been on the ADA site, but I couldn't find anything. So, if anybody has a good source, that would be helpful.
- 3 years agoFavorite Answer
To be covered by the ADA you can have documentation regarding your disability, you can be perceived rightly or wrongly as a person with a disability, or be a close relative of a person with a disability.
1. If you want to have your EMPLOYMENT rights (accommodations) under the ADA, you must have medical documentation and have disclosed to your employer you have a disability. No disclosure no rights to accommodations. You are not required by the ADA to disclose your disability until and only if you request employment accommodations.
2. If you are discriminated against because of disability, even if you do not have one, your disability civil rights are enforced under the ADA. Example: a person can have recovered from cancer and still be discriminated against as if you still had it. You can have a child with a disability and experience discrimination - you are covered under the ADA.
3. You can have a disability and have not disclosed it, but are discriminated against on account of your disability - you are covered under the ADA.
- Lib.rare.ianLv 73 years ago
You need to have a diagnosed disability. You don't have to apply or register for anything. But it really comes down to what ADA protects and what it doesn't protect.
- 3 years ago
ADA is a civil rights legislation 'disability' is social security which is benefits--they are two different categories entirely. You are always guaranteed the right to vote, apply for a job you are otherwise qualified for.
You are not always going to get food stamps--States can and do cut the amount of those. They are means tested. .
- SimplytheFACTSLv 73 years ago
absolutely not (you don't have to apply for disability)..think about it, ADA covers WORKERS who earn too much to get disability...
but, she does need to ask for accommodation or at some point if she does need it to do the job.
if a person doesn't need any accommodation, but is fired because of the disability, that would be an ADA violation even if the person never brought up the disability.
realize ADA is a joke, it only protects rich people who can afford a lawyer. EEOC and USDOJ are staffed by evil clowns. They take the offenders word that they did nothing wrong over the evidence (ie emails that prove it).
lawyers typically don't take these cases on contingency as they are not profitable enough for them..''been there, done that..