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The Americans with Disabilities Act requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, except when such accommodation would cause an undue hardship.

In the history of ADA, I don’t know of any court that has concluded that an employer must accommodate an employee’s use of medical marijuana. That’s because, federally, marijuana is still an illegal drug. (It’s on the Schedule One list). But, what about accommodating someone who uses medically-prescribed synthetic marijuana to treat the symptoms of an underlying disability? Continue reading

Pretty much none of you who emailed me after yesterday’s post about state-mandated vaccines were too keen on that idea.

But, speaking of COVID-19 and safety precautions, let’s see what you think about today’s twist. Continue reading

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Image by Liz Masoner from Pixabay

Enough with the “Can companies require employee COVID-19 vaccinations?” articles already! Yes, they probably can, subject to disability and religious accommodations.

But, what if, instead of an employer mandating vaccinations, an entire state did so for nearly all of its residents? No, I wasn’t just clickbaiting you with the title of this blog post. One state actually has a pending bill. Continue reading

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Image by Mike Braun from Pixabay

On June 15, 2020, the U.S. Supreme Court ruled in Bostock v. Clayton County that Title VII of the Civil Rights Act of 1964, which makes it unlawful for employers to discriminate based on sex, also prohibits discrimination based on sexual orientation and transgender status. It was a landmark opinion.

One of the actions consolidated into the Bostock action was EEOC v. R.G. & G.R. Harris Funeral Homes. The EEOC argued specifically that Title VII prohibits discrimination based on transgender status. On November 30, 2020, it settled.

And I’ve got all the details for you. Continue reading

“Doing What’s Right – Not Just What’s Legal”
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