Jonathan Mook

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Jonathan Mook
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  • One point of information. Being HIV positive is not necessarily a "disability" under the ADA. It depends upon whether the HIV virus substantially limits the person's major life activities. I would still proceed with caution, however.
  • “You have already taken the first step by asking the employee what accommodations she suggests will help her satisfy the job requirements. In most cases, the employee is able to come up with the best suggestions. Additionally, you may wa…
  • Even if the child's ADHD may rise to the level of a disability under the ADA, the statute does not require an employer to accommodate a non-disabled employee whose family member has a disability. An employer just may not discriminate (i.e., refuse …
    in ADA Comment by Jonathan Mook April 2007
  • In Chevron v. Echazabel (2002), the U.S. Supreme Court upheld the EEOC's regulation that an employer may have qualification standard that an employee not pose a direct threat to himself or others, even though the ADA only refers to the safety of oth…