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What is a Disabled Employee? Legal Insights and Definitions
Definition & Meaning
A disabled employee is defined as an individual who experiences a severe and permanent impairment that significantly limits their ability to use public transportation. This may also include an employee who cannot drive due to a permanent impairment and relies on someone else for transportation to work. In some cases, certification from a medical authority, such as an agency medical unit or the Department of Veterans Affairs, may be required to establish eligibility for certain benefits or accommodations.
Table of content
Legal Use & context
The term "disabled employee" is commonly used in various legal contexts, particularly in employment law and disability rights. It is relevant in discussions about workplace accommodations, employee benefits, and anti-discrimination laws. Understanding this term is essential for employers and employees alike, especially when navigating rights and responsibilities under laws such as the Americans with Disabilities Act (ADA). Users can find helpful legal templates on US Legal Forms to assist with compliance and documentation related to disabled employees.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person with a severe mobility impairment may qualify as a disabled employee if they cannot use public transportation to commute to work and require assistance from a family member.
Example 2: An individual who has lost their vision and cannot drive may be considered a disabled employee if they rely on a colleague for transportation to their job. (hypothetical example)
Relevant laws & statutes
Major laws that pertain to disabled employees include:
Americans with Disabilities Act (ADA): Protects employees from discrimination based on disability and mandates reasonable accommodations.
Rehabilitation Act of 1973: Prohibits discrimination against individuals with disabilities in federal programs and activities.
State-by-state differences
State
Key Differences
California
Broader definitions of disability under state law, including temporary disabilities.
New York
Requires reasonable accommodations for employees with disabilities, including those not covered by federal law.
Texas
Follows federal guidelines but has additional state programs for disabled employees.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Disabled Employee
An employee with a severe, permanent impairment affecting transportation.
Focuses on employment context and transportation issues.
Person with a Disability
A broader term that includes anyone with a physical or mental condition that limits daily activities.
Not limited to employment or transportation contexts.
Accommodated Employee
An employee who receives modifications in the workplace due to a disability.
Focuses on workplace adjustments rather than the disability itself.
Common misunderstandings
What to do if this term applies to you
If you identify as a disabled employee or manage one, consider the following steps:
Review your rights under the Americans with Disabilities Act (ADA) and other relevant laws.
Communicate with your employer about necessary accommodations.
Explore resources and templates on US Legal Forms for assistance with documentation and compliance.
If you encounter challenges, consider seeking legal advice from a professional.
Find the legal form that fits your case
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