Family and Medical Leave Act, the Americans with Disabilities Act, and Title VII of the Civil Rights Act of 1964 V. 1

1 Family and Medical Leave Act, the Americans with Disabilities Act, and Title VII of the Civil Rights Act of 1964 1998

handle is hein.beal/fmladav0001 and id is 1 raw text is:

The Family and Medical Leave Act,
the Americans with Disabilities Act, and
Title VII of the Civil Rights Act of 1964

This fact sheet was prepared by the Equal Employment Opportunity Commission's (EEOC) Office
of Legal Counsel. It is intended to provide technical assistance on some common questions that have
arisen about the Americans with Disabilities Act of 1990 (ADA) and Title VII of the Civil Rights Act
of 1964 (Title VII) when the Family and Medical Leave Act of 1993 (FMLA) also applies.

Introduction

Background

1. Q: What is the relationship between requirements of the FMLA,' the ADA,' and Title
VIIP?

A: The FMLA and the ADA both require a covered employer to grant medical leave to
an employee in certain circumstances.' The FMLA and Title VII both have
requirements governing leave for pregnancy and pregnancy-related conditions.

In addition, under Title VII, employers must not discriminate on the basis of race,
color, religion, sex, or national origin when they provide family or medical leave.

2. Q: Who enforces the FMLA?

A: The Department of Labor enforces the FMLA. The EEOC has no enforcement
responsibility for the FMLA.

3. Q: When did the FMLA go into effect?

References to the lVfLA are to Titles I and IVofthe Family andMedicalLeave Act of 1993.
2 References to the ADA are to Title l oftheAmericans with Disabilities Act ofl990, as amended.

s References to Title VII are to Title VII ofthe Civil Rights Act ofl 964, as amended.
Under the ADA, unpaid medical leave is a reasonable accommodation and must be provided to an otherwise qualified individual with
a disability unless (or until) it imposes an undue hardship on the operation ofthe employer's business. See 29 C.F.R. pt. 1630 app. § 1630.2(o).
No set amount ofleave is required as a reasonable accommodation under the ADA.
DOC
Y 3.EQ 2:
2 F 21

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

What Is HeinOnline?

Purchase Access

Contact Us

Log In

NEED HELP?

CONTACT US

Get started

Subscribe to our Newsletter