Legal Question in Disability Law in California
ADA definition of disability
My husband now 57 years old has been a truck driver for a local firm for the past 15 years. He has worked 6 days a week for them for 15 years and is now at the age where he can not work 6 days a week and has asked that he work only 5 days a week because of extreem fatigue and not enough rest time between the 6 days on and one day off. Three doctors concur that he needs to cut his work back to only 5 days a week. The company seems to take the stand that they hired him on for 6 days a week and he needs to keep up the pace as they require of him. Does his condition meet the definition of affecting "Major Life Activity" as found in the ADA termanology in Section 1630.2 of Title 29 of the Code of Federal Regulations? Can his company be persuaded to make reasonable accomodation for him under the ADA?
1 Answer from Attorneys
Re: ADA definition of disability
No, he does not qualify under the act.