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Articles Posted in Disability

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Read this post before accommodating a disabled employee with a job reassignment. (It could save you a lawsuit.)

people transfer by Musmellow from the Noun Project The Americans with Disabilities Act requires employers to make reasonable accommodations to the known physical or mental impairments of an otherwise qualified individual with a disability. Technically, both courts and the U.S. Equal Employment Opportunity Commission consider reassignment to a vacant position…

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DON’T DO THIS: Threaten to fire employees that get a COVID-19 vaccination

Image Credit: Google Street View Today’s edition of “DON’T DO THIS” comes from an unlikely source: The Howard Stern Show. Yesterday afternoon, while catching the replay of The Howard Stern Show in the pick-up line at my kids’ school (#responsibleparenting), I heard them discussing a private school in Florida that…

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Yet another court reaffirms that the ADA does not require accommodating marijuana use

Image Credit: Pixabay (https://pixabay.com/en/marijuana-scales-legalization-drugs-2754249/) It’s been a minute since I’ve gotten to blog about the Americans with Disabilities Act and accommodating an individual with a disability and a marijuana card who uses doctor-prescribed marijuana off the clock. Better dust off the cannabis scales of justice for this one. The ADA…

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EEOC confirms that new COVID-19 vaccination incentive guidance is coming soon

Image Credit: Photofunia.com Since the EEOC last updated its “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” resource document on December 16, 2020, it published proposed wellness rules only to walk them back less than a week later. So, several business groups…

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As a reasonable accommodation, must an employer transport an employee with a disability to/from work?

Image by eiden_kris from Pixabay One of your employees has a disability that prevents her from getting to work consistently. The problem is that regular attendance is an essential function of the job. So, remote work isn’t an option. Do you need to provide her transportation as a reasonable accommodation…

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Gas up the Bugatti for the commute! Pennsylvania has relaxed its private sector restrictions on teleworking.

Image by Martine Auvray from Pixabay Come on, Eric! Yesterday, you blogged about Philly, and now this. What’s with all the Pennsylvania posts this week? Ok, folks. I promise(ish). We’re (likely) done. In the remaining three posts, I’ll (probably) incorporate other states. Like tomorrow, I want to blog about how…

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Employers that operate in THIS state can require workers to get vaccinated

Image by torstensimon from Pixabay Several states are taking steps to forbid employers from requiring that workers receive COVID-19 vaccinations. Separately, I know of at least two pending lawsuits that employees have filed. I already blogged about one of them here. The other is pending in a federal court in…

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Will (reverse) vaccination discrimination be the next big thing?

Image Credit: Marco Verch Professional Photographer (Syringe and vaccination record card on blue background)//embedr.flickr.com/assets/client-code.js The Miami Heat made news twice yesterday. First, the rumor mill has the franchise closely tied to a deal for Toronto Raptors point guard Kyle Lowry. Of course, my beloved Philadelphia 76ers are also in the…