Marta B. Varela


This Article describes potential pitfalls for employers arising from the ADA protections afforded to employees with no prior record of disability returning to work after medical certification of a disability requiring accommodation. The Article describes Federal laws protecting disabled employees from unnecessary intrusion in their private lives (such as the Americans with Disabilities Act of 1990, the Family Medical Leave Act of 1993, and the Occupation Health and Safety Act of 1970) and sets out the requirements imposed on employers. The Article also describes New York City disability laws enforced by the New York City Commission on Human Rights. Finally, the Article demonstrates the applicability of these different laws to New York City employers.