HR compliance with laws such as the Americans with Disabilities Act, the Family and Medical Leave Act and others can be challenging in some instances, particularly those in which it is unclear whether a given law applies.
One worker at a factory in Virginia became the subject of a challenging case after suffering a heart attack in 2002, according to BLR. The man returned to work but was unable to work the hours he had previously, which were typical for his position. His doctor confirmed that it was not possible for him to work those hours. Because he could still work, however, there was some question concerning whether he could be considered to have a disability.
After searching unsuccessfully for a position he could fill which would have reduced his hours to 40 per week, the employer put him on long-term disability benefits. The insurance carrier later withdrew, however, on the grounds that the man was not disabled and could work. He subsequently took his case to the Equal Employment Opportunity Commission.
Eventually, judges ruled that the man was not protected by the ADA since he was not truly disabled. The news source notes that updates to the ADA may change things for future cases, but some potential for confusion may remain.
