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Articles Posted in Disability

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#Nextchat: My Employees Can Miss How Much Work?! Managing the Challenges of Leave Under the FMLA and ADA #SHRM19

Image Credit: SHRM.org Last night, after the big Sixers win over the Raptors, I checked out the EEOC Newsroom to hunt for blog fodder for today. That’s when I noticed that four of the five most recent EEOC press releases addressed claims of disability discrimination under the Americans with Disabilities…

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The readers have three follow-up ADA questions about job applications. Let’s answer them.

Request Leave Coolie Writing Tool Pen Application (https://www.maxpixel.net/Request-Leave-Coolie-Writing-Tool-Pen-Application-1915347) On Wednesday, I blogged, “If your job applications look anything like this, well, damn, you’ve got some ADA problems.” “This” was a medical questionnaire that inquired about certain medical conditions, whether the employee had an impairment or disability, and whether the employee…

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If your job applications look anything like this, well, damn, you’ve got some ADA problems.

Request Leave Coolie Writing Tool Pen Application (https://www.maxpixel.net/Request-Leave-Coolie-Writing-Tool-Pen-Application-1915347) I remember once I had a colleague asked me to review an addendum to a job application for a client to make sure it was all good and legal. It wasn’t. There were four questions on the addendum: Do you have a…

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Does an employee have an ADA ‘disability’ if it substantially limits the major life activity of ‘working’?

Image Credit: Pexels.com (https://www.pexels.com/photo/working-in-a-group-6224/) Ever since the amendments to the Americans with Disability Act took effect in 2009, management-side employment lawyers have preached to clients that they should focus more on accommodating a disability rather than whether an employee has a disability in the first place. But, what if you…

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285,000 reasons that your company president shouldn’t ridicule an employee with a disability. Especially not in email.

Lorimar Productions/NBC [Public domain], via Wikimedia CommonsIn 1976, Sally Field played Sybil in the eponymous TV movie. Sybil was a teacher who suffered a breakdown in front of her students, only to be diagnosed with dissociative identity disorder. Throughout the movie, Sybil exhibits multiple personalities — 16 in all. Some…

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Looks can be deceiving. Morbid obesity isn’t necessarily a disability.

Image Credit: Photofunia.com (http://photofunia.com/results/5ca8a63b846d788d968b457e) (What a strange thing to write on a window.)  Even in New Jersey, where employment law is ‘Mister Rogers’ friendly to employees. It was not a beautiful day in the neighborhood. In Mister Rogers’s Land of Make Believe there was an electric trolley that no one…

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Another New Jersey court weighs in on MedMar accommodations…and it’s WILD!

Image Credit: Pixabay (https://pixabay.com/en/marijuana-scales-legalization-drugs-2754249/) The case is called Wild v. Carriage Funeral Holdings, Inc. So, yeah, it’s “Wild.” And so as not to bury the lede, the court concluded that the plaintiff, a medical marijuana user, could pursue discrimination claims under the New Jersey Law Against Discrimination (the LAD) against his employer. …

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Fact or Fiction: Can an employee pursue a hostile work environment claim based on his disability?

Image Credit: Pixabay.com (https://pixabay.com/en/question-mark-note-duplicate-457454/) That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.” It’s your fault that this post is so short. Remember, earlier this week when I asked…

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EEOC: A company that helps people with disabilities violated the Americans with Disabilities Act.

Ironic Humor Rock Irony Nothing Is Written In Stone (https://www.maxpixel.net/Ironic-Humor-Rock-Irony-Nothing-Is-Written-In-Stone-527756) Isn’t it ironic? Don’t you think? Yesterday, I read (here) about a lawsuit that the U.S. Equal Employment Opportunity Commission filed against a non-profit. That non-profit company provides job opportunities to people with disabilities. The EEOC alleges that the non-profit…

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A pharmacist claims that his employer should have accommodated his fear of needles. And he may be right.

Image Credit: Pixabay.com (https://pixabay.com/photos/syringe-medical-finger-957260/) Over the weekend, I read a recent federal appellate court opinion about a pharmacist who alleged that his former employer discriminated against him by failing to accommodate his fear of needles. The Americans with Disabilities Act (and similar state laws) require that an employer reasonably accommodate…