Question

Cindy is 36 years old and works as a sales representative for a small manufacturer. She and her husband have been married for 12 years. They have tried for a number of years to start a family, but without success.   She has been diagnosed with blocked fallopian tubes and the only way that a pregnancy is likely to occur is through in vitro fertilization.   The necessary procedures will require significant amount of time away from work. Cindy asks her employer to reduce her work days per week from 5 to 3 and to allow her to come in on weekends to finish her assignments.   Cindy believes that she qualifies as disabled under the American with Disabilities Act and that this is a reasonable accommodation for her disability.    Is she disabled for purposes of the ADA?   Explain.

Legal environment of business

Answer 1

Yes, she is disabled for the purposes of ADA.

American disability act recognizes the disability in cases where the person is unable to reproduce due to narrowed fallopian which may require remedy. Virto fertilization is recognized under ADA and it therefore makes Mindy disable under ADA. Limitations on a person's ability to conceive is considered disability.

She can ask for leave or change in schedule without causing any undue hardship to the employer. If she can manage time and complete her work assignments, there's shouldn't be any problem in asking for modified schedule under ADA.