The Americans with Disabilities Act (“ADA”), which was amended on January 1, 2009, requires employers to reasonably accommodate qualified individuals (employees and potential employees) with disabilities. 42 U.S.C. § 12112(b)(5)(A). The ADA further prohibits any discrimination against qualified individuals that adversely affects the individual’s terms and conditions of employment (hiring, promotion, compensation, training, etc.). Id. § 12112(a). Often times conflict may arise between an employer’s obligations under the ADA and its obligations under the Occupational Safety and Health Act (“OSH Act”) to provide a safe and healthful workplace for employees which may require the employee to comply with safety policies and the employee’s inability to do so because of a physical or mental impairment. This article will discuss recent legal developments addressing this potential legal conflict.
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