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Articles Posted in Disability

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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…

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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…