Many employers refuse to allow employees to return to work unless the employees submit paperwork that they can work with no restrictions restrictions, are 100% healed, or obtain a full work release. However, employers cannot make outright refusals to allow employees to return to work because they have restrictions. Employers are required to do much more than refuse an employee’s return because of the restrictions.
Under the Americans with Disabilities Act (“ADA”), employers are required to engage in an interactive process with employees who have physical or mental impairments. In addition, employers are required to make reasonable accommodations for employees with disabilities. Under the ADA, a qualified individual is someone who is able to perform the essential functions of their job with or without a reasonable accommodation.
A party claiming disability discrimination must show that: (1) he was an individual with a disability; (2) he was otherwise qualified to perform the essential functions of his job, with or without reasonable accommodation; and (3) he was discriminated against solely because of his disability.
It is well established that “’100% healed’ policies” such as a requirement of a full release with no restrictions is a “per se violation of the ADA.” These policies are evidence of an employer’s outright refusal to engage in the interactive process and provide reasonable accommodations, no matter how slight.
If you have a physical or mental impairment and your employer is refusing to allow you to return to work unless you have no restrictions or are “100% healed,” then you should speak with our Ohio disability discrimination attorneys immediately. If you are having any issues with obtaining accommodations for any physical or mental impairment, we encourage you to contact our office to speak with Ohio disability discrimination attorneys. We look forward to the opportunity to assist you with all issues regarding restrictions as you return to work. Call our office today for a FREE consultation at 1-614-949-1181.