Americans with Disabilities Act (Ada)

Whether migraine headaches fall under the Americans with Disabilities act (ADA) is questionable, considering the seriousness of migraines can greatly vary from one individual to another. Each situation should be assessed on a case by case basis. It would be premature to take sides based on the possibility of disability discrimination, with out a thorough evaluation of the employee’s medical history.

If in fact Jack suffers from migraine headaches, which may affect his daily productivity and efficiency then it is his responsibility to discuss his possible disability with the employer prior to his date of hire. Accommodation can then be made as long as they do not impose hardship on the operation of the organizations business.

Based on the information provided, I believe that the company has the upper hand on this case. Gina did not treat Jack’s illness any differently from the other employees. She made the effort of contacting him to arrange a return date, Jack had then agreed to return to work on “Monday”, but failed to do so. Instead he took a addition three consecutive days off. His immediate supervisor was never notified of his excessive absence, leaving her unaware of his intentions. It is every employee’s duty to inform his/her employer of every unexpected time off from work. Failure to do so can be considered a “no call, no show” which can result in termination, or leaves the impression that you are resigning your position. nhcjksdnhsdcnhloahcloashioashdfcjkasbndcfjkshdjfbhasdjkbvfsd

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