Image by OpenClipart-Vectors from Pixabay Approximately 6 hours and 37 minutes after my blog post yesterday about “Preparing for Exceptions To Your Business’s COVID-19 Vaccine Program” went live, I received an email from the U.S. Equal Employment Opportunity Commission. It read something like this: Dear Passive-Aggressive Employment Law Blogger: We…
Image by Shafin Al Asad Protic from Pixabay I was in The Zone yesterday. Late in the afternoon, a reader emailed me to see if I had posted an article addressing “what if” an employee refuses to receive the vaccine should your business choose to require it? Well, it just…
Image by Erin Stone from Pixabay The Americans with Disabilities Act requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, except when such accommodation would cause an undue hardship. In the history of ADA, I don’t know of any court…
Image by Shonda Ranson from Pixabay Late last week, the EEOC revised and released three publications that discuss how the Americans with Disabilities Act (ADA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA) apply to veteran employees and those who employ them. The revised publications are: EEOC Efforts…
Image Credit: reassign by Ralf Schmitzer from the Noun Project Imagine that you have an employee who becomes disabled and can no longer perform the job’s essential functions. Being the good employer that you are, consistent with the Americans with Disabilities Act, you engage the employee in an interactive dialogue…
Image by Clker-Free-Vector-Images from Pixabay Just about the only folks guaranteed to get paid in an employment discrimination case are the lawyers. Employers generally pay the lawyers representing them by the hour. Conversely, employee-rights attorneys generally representing plaintiffs in these types of cases do so on a contingency basis, meaning…
Alexas_Fotos on Pixabay If I felt a little snarkier, I would have gone with this instead of the confused emoji. No, I’m pretty sure that’s not how the Americans with Disability Act (ADA) works. Under the ADA, it’s just as unlawful to retaliate as it is to discriminate. A plaintiff…
Image by Viktor Ivanchenko from Pixabay A few months ago, I blogged here about a lawsuit filed in a Pennsylvania federal court in which a plaintiff alleged that a grocery store’s inflexible policy of requiring all customers to face coverings — even the ones with documented medical issues — violated…
Image by tigerlily713 from Pixabay While I don’t have a ‘Dallas Cowboys’ — how ’bout dem Cowboys! — level of hatred for probationary periods for new employees, I do not like them. The 90-day probationary-employee language that I see from time to time in employee handbooks is a holdover from…
Rachel Malehorn / CC BY Over the weekend, President Trump nominated Amy Coney Barrett, United States Circuit Judge of the United States Court of Appeals for the Seventh Circuit, to fill the open Supreme Court seat. Since this is an ***check notes*** employment law blog, many of you may be…