THE LAW AND ASTHMA PROBLEMS IN THE WORKPLACE: WHAT EMPLOYERS NEED TO KNOW

EARL INGRAM, PH.D.
HENRY FINDLEY, PH.D.


DOI: 10.2190/JU0K-B9NR-8FRE-U4K4

Abstract

Asthma is a growing societal and industrial problem in the United States. Asthmatic employees cause many disruptions and lost productivity in the workplace due to their unexpected and frequent absences. Should the problem persist employers will want to take actions such as progressive discipline to correct the situation. However, companies must be aware of the various legal pitfalls they will encounter along the way. Asthmatic workers are covered by various federal and state disability and family leave laws. This article discusses the ramifications of these laws primarily from a federal legal perspective (Americans with Disabilities Act and Family Medical Leave Act) when dealing with an asthmatic employee.

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