Employers Might be Violating ADA by Defining Disability Using MMI, Experts Say

Employers might be putting themselves at risk of a lawsuit by waiting too long to meet their obligation under the Americans with Disabilities Act to discuss reasonable accommodations with injured workers, according to a pair of experts on the subject. While many employers and workers’ compensation payers treat maximum medical improvement as a standard after which they can judge whether an employee has a disability, an attorney for the Equal Employment Opportunity Commission said that claimants likely meet the ADA’s standard for disability long before that point. EEOC Sen...