The local and national news outlets were buzzing yesterday about a family toting around a five-foot reptile in Philadelphia’s Love Park last week. Meet Wally, the Emotional Support Alligator. Imagine encountering this beast on your afternoon stroll out with the family. This report from the Philly Voice included reactions from some…
Articles Posted in Disability
The first federal appellate court has recognized gender dysphoria as an ADA disability
A transgender woman with gender dysphoria spent six months incarcerated in an adult detention center. Prison deputies initially assigned her to women’s housing. But, after they learned that she was transgender, they quickly moved her to men’s housing. It was a nightmare. In men’s housing, the transgender woman (who I’ll…
How long do your employees have to sue you for discrimination?
Perhaps you’ve gotten here because you’ve Googled ‘How long do I have to sue my employer for discrimination?” Either way, let’s discuss. I read this federal court decision last night, the inspiration for this post. It’s an action for age discrimination under the Age Discrimination in Employment Act (ADEA) and…
Did disability bias motivate HR to fire an employee for sleepwalking into a colleague’s hotel bed?
Imagine getting the call sometime past midnight at an out-of-town national sales conference that you need to immediately investigate a complaint from an employee who says that his female co-worker has sleepwalked into a bed in his hotel room. That wasn’t on the SHRM-CP exam. Then again, no one forced…
How to fire an employee right after his FMLA expires . . . and win the retaliation lawsuit.
Hey, don’t judge me. You’re just as heartless reading this as I am writing it. The Family and Medical Leave Act gives eligible employees the right to take twelve weeks of job leave because of a serious health condition.” When his leave ends, an employer must reinstate an employee to…
By the time she made it to court, her discrimination and retaliation claims were D.O.A.
An individual who wants to bring federal disability discrimination and retaliation claims against an employer can’t just go right to court. No, courts would choke with employment lawsuits. Instead, she must first exhaust her administrative remedies at the U.S. Equal Employment Opportunity Commission by filing a charge of discrimination. But…
EEOC: Slow your roll before administering COVID-19 tests at work
On Tuesday, the U.S. Equal Employment Opportunity Commission updated its COVID-19 guidance. I went ahead and redlined the changes for you. But the EEOC wants to call your attention specifically to the updated circumstances under which employers may test employers for COVID-19 at work: EEOC’s assessment at the outset of…
The ADA cheat sheet for accommodating disabilities of seasonal employees and interns
The muse for today’s post is whoever drafts the press releases for the U.S. Equal Employment Opportunity Commission. Last night, I read this one about a $70,000 settlement that the EEOC reached with a Colorado employer to resolve a lawsuit filed under the Americans with Disabilities Act. The EEOC alleged…
Could your business require medical exams for all workers returning from extended leave?
Some of you are clutching your pearls and mouthing, “God, I hope so.” Glass half full, I may be about to save you a call to your company’s employment lawyer. Glass half empty, you may be pretty screwed if the statute of limitations hasn’t already run on the potential Americans…
Here’s when you may have to accommodate an employee’s use of CBD
A few weeks ago, I blogged about a situation involving an employee who used CBD products and tested positive for marijuana at work. She claimed that the employer took into account her underlying disability when it terminated her employment and violated the Americans with Disabilities Act. The employer countered that…