By Gooddeedsday [CC BY-SA 4.0 ], from Wikimedia CommonsDo you know that proverb “no good deed goes unpunished”? This isn’t that situation. “There was no point in continuing the training.” Last week, the EEOC announced that it was suing an employer for disability discrimination after it fired an employee with…
Photo by: | VIRIN: 110402-F-5068D-001.JPG (http://www.514amw.afrc.af.mil/News/Articles/Article/194292/random-drug-test-rates-rise-dramatically/) By any reasonable, objective measure, New Jersey was having a pretty good employee-rights run in 2018 — even by NJ standards. The Diane Allen Equal Pay Act, which took effect earlier this Summer, is the most employee-friendly equal-pay law in the country; In the Fall,…
By Agricultural Research Service ([1]) [Public domain or Public domain], via Wikimedia CommonsThree strikes and you’re out. For one variety store chain accused of failing to accommodate and then firing a diabetic cashier who had to take a few bottles of orange juice from the store refrigerator to avoid seizing…
Image Credit: Pixabay.com (https://pixabay.com/en/snapchat-mobile-phone-social-media-1374859/) A recent American Medical Association study suggests that it could. What is Snapchat? (f/k/a “It’s nice to see you surface from under that rock.”) For those who aren’t familiar with Snapchat, it’s a smartphone app that allows users to share pictures and short movies briefly before…
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.” Here’s the fact pattern with which we will work today. You hire someone new for a…
By Arunkumar Umapathy [CC BY-SA 4.0 ], from Wikimedia CommonsIn yesterday’s post about an Americans with Disabilities Act case, I quipped about how the first paragraph of the Sixth Circuit’s opinion foreshadowed a bad outcome for the plaintiff. Here were are again. Another ADA case. Another Sixth Circuit appeal (Hostettler…
Image Credit: Pixabay.com (https://pixabay.com/en/pen-letters-leave-envelope-2912932/) Imagine arriving at work where, waiting for you, is a letter addressed to you from the Sixth Circuit Court of Appeals. You know that inside that large envelope is a copy of the Sixth Circuit’s opinion in the Americans with Disabilities Act case in which you previously…
Image Credit: Wikipedia (https://en.wikipedia.org/wiki/File:Trileptal_tablets.jpg) CC BY-SA 3.0, Link During this July 4th holiday week, I don’t expect many of you to read this blog. So, thank you to those who do stick around. And, come mid-week, I’ll set off some legal backyard fireworks in your honor. ***Updates shopping list*** And I’ll bring my…
Image Credit: Pixabay.com (https://pixabay.com/en/packs-pile-money-finance-currency-163497/) You know that expression about putting your money where your mouth is? While unsanitary, I’m going to use it to make a point today about demonstrating undue hardship under the Americans with Disabilities Act. On Friday, we discussed essential job functions under the Americans with Disabilities Act. Specifically, we…
By flydime – https://www.flickr.com/photos/flydime/4671890969/, CC BY-SA 2.0, Link Remember that as I share with you a recent Tenth Circuit opinion dealing with essential job functions under the Americans with Disabilities Act. Here are the undisputed facts: The plaintiff-employee worked for the defendant-employer first as a shopping-cart attendant, then as a…