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44 million more reasons to properly define essential job functions and explore reasonable accommodations. And it’s the SAME EMPLOYER!!! 😲😨🤯

booledozer, CC0, via Wikimedia Commons On Wednesday, I posted about a $250K Arkansas federal jury verdict against an employer for violating the Americans with Disabilities Act. Well, you’ll never believe this! Earlier in the month, another federal jury in Wisconsin concluded that the same employer had violated the ADA. But…

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250,000 reasons to consider a reasonable accommodation — even if the employee can perform his job duties anyway

Jami430, CC BY-SA 4.0, via Wikimedia Commons Once during mediation, a federal judge asked me if I knew which type of discrimination jurors hated the most? I thought maybe age discrimination or retaliation, which jurors could either relate to personally or through a spouse or parent. “No,” said the federal…

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An employment lawyer’s take on track star Sha’Carri Richardson’s suspension for using marijuana

Image by Please Don’t sell My Artwork AS IS from Pixabay Last week, I read the news that Sha’Carri Richardson, one of the favorites to win Olympic gold for the United States in the women’s 100-meter dash, was suspended for a month for testing positive for marijuana. As a management-side…

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The EEOC is suing a work placement agency for individuals with disabilities for, yep, disability discrimination.

MikeRun, CC BY-SA 4.0, via Wikimedia Commons I really wanted to use the Spiderman meme here. But to avoid any potential copyright issues, please accept this cheaply executed facsimile — not in counterparts — instead. And here is some music to hammer the point home. I see something like this…

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Creating a new “job sharing” position is not a reasonable accommodation

Got Credit, CC BY 2.0, via Wikimedia Commons You work for a progressive employer. Flexible work arrangements? For sure! Your company’s flexible work policy permits telework, flexible hours, and part-time work and with manager approval. But, flexible work arrangements are not an entitlement. Managers will approve or deny a flexible…

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WARNING: This pregnancy discrimination lawsuit might make your brain explode 🤯

Image by Klaus Hausmann from Pixabay Imagine requiring a job applicant to reveal whether she is pregnant. That’s bad! And what if that was a company policy? That’s worse. But, let’s suppose that the company’s policy of disclosing pregnancies is IN WRITING. Ho-Ley 💩‼ These are just some of the…

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VIDEO: Amy and Eric explain what’s 🔥hot🔥 with the EEOC’s new COVID-19 💉guidance

Image Credit: Photofunia On Friday, the U.S. Equal Employment Opportunity Commission posted updated and expanded technical assistance related to the COVID-19 pandemic. The new guidance answers open questions on issues surrounding vaccines like: Can an employer require employees to get vaccinated? Can an employer incentivize employees to get vaccines? How…

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Why did a transgender employee who needed leave from work lose claims for both sex and disability discrimination?

forever by priyanka from the Noun Project Sometimes it’s easy to lose the forest for the trees. Last night, after uploading the recording of yesterday’s CDC Face Mask Zoom to The Employer Handbook YouTube Channel, I read this recent Fifth Circuit opinion. It involves a transgender employee suing a former employer…

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OSHA to CDC: We hear you, dawg. We’ll update our face mask guidance too.

Image Credit: Photofunia.com Dawg, Eric? Clearly, I’ve been watching too many American Idol and Pimp My Ride reruns. Psst, I can still hook you up. More on the OSHA news in a sec. But, let’s talk about Wednesday’s Special Edition of The Employer Handbook Zoom Office Hour first, Look, I…