If you’re in Human Resources, you’ve probably dealt with this issue before. An employee with a disability submits a doctor’s note expressly instructing the employee to avoid performing certain essential functions of their job. But the employee tells you that they can do those tasks anyway, if truly necessary. Does the Americans…
This has been an interesting start to the week at The Employer Handbook, from six-year-olds slinging racial epithets to expectorating employees. But I’m here for it. And I’m glad that you are too. I’ve fielded my share of unusual disability accommodation requests. But allowing an employee with a condition caused…
This situation comes up fairly often. An employee with a disability can’t perform their job, and needs leave to recover and return to work. We know that indefinite leave is not a reasonable accommodation. But what about taking leave with only an “expected” return to work date? Is that too…
If you’ve procrastinated all week, you still have a few hours to register for this week’s edition of The Employer Handbook Zoom Office Happy Hour, which returns today, October 28, 2022. We’re discussing leave rights and accommodations in hybrid and fully-remote workplaces. Click here (https://bit.ly/HybridRemoteAccommodations) to register. We lucked out with my…
I’m unsure if we can top this past Friday’s edition of The Employer Handbook Zoom Office Happy Hour. My FisherBroyles partners, Justin Nahama and Amy Epstein Gluck, were fountains of insight and warmth on how companies can improve employee wellbeing. You can watch the replay here on The Employer Handbook YouTube Channel…
Oooooh…this one is going to be really good! There’s usually a certain formula when I invite other attorneys to join me to chat on The Employer Handbook Zoom Office Happy Hour. We pick an employment law topic, dissect it for an hour, and sprinkle in some audience Q&A. For example,…
How broad is the Americans with Disabilities Act‘s definition of “disability”? It’s so broad, concluded the Eleventh Circuit Court of Appeals in this recent decision, that an employee can show that he is disabled based on his say-so. The plaintiff was the Chief Electrical Inspector of a municipality. In October 2014,…
Imagine a situation that, well, won’t be too hard to imagine. One of your employees gets a new supervisor, and things don’t seem to be working out. The employee complains that the new supervisor scheduled her to work the closing shift even though it conflicted with her ability to provide…
Credit: Office of Commissioner Andrea R. Lucas Late last week, as I enjoyed the FisherBroyles partner retreat (responsibly-ish) in Nashville, the U.S. Equal Employment Opportunity Commission released a new resource on pregnancy discrimination. Spoiler alert: The Dallas Cowboys won’t make the playoffs this season resource doesn’t contain any game-changing new…
I read a recent Sixth Circuit decision. A physician group fired the plaintiff, a nurse, months after she suffered an accident. The group’s subsequent bankruptcy impeded the plaintiff’s efforts to hold it liable for employment discrimination under the Americans with Disabilities Act of 1990 (ADA). Did that stop her from…