ADA

If an employee has recently received an organ transplant are they considered to be protected by ADA?

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  • Seems to me it would depend on the type of transplant, prognosis, etc........ If they are substantially limited from 1 or more major life activities, I'd think they were covered. From my experience, things like kidney transplants do not impact ADA, while lung transplants do. The person must have a substantially limiting impairment. The illness period may also qualify for FMLA. The employees physician will determine the degree of impairment and then you'll have to decide if it meets the ADA threshhold.
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