Image Credit: Pixabay.com (https://pixabay.com/en/muscles-strong-man-bodybuilder-2026322/) Now, don’t say that I haven’t warned you. A few years ago, I offered 112,500 ADA reasons not to force an employee to stay home until 100% healed. The following year, I told you to 86 the “100% cured” policy for employees returning from FMLA leave, with a…
Articles Posted in Disability
Not even George Costanza could’ve pulled this one off…
Image Credit: YouTube.com You know that Seinfeld episode. The one where George gets a customized office desk for taking naps during the day? I love that episode. My favorite part is when “George Steinbrenner” calls in the bomb squad (after Jerry calls in a bomb threat) only to discover George’s …
HR lessons from Roseanne Barr’s racist tweet and ABC’s immediate cancellation of her show
Image Credit: Maxpixel.net (https://www.maxpixel.net/Check-Envelope-Yes-No-Cross-Ankreuzen-Maybe-3413145) On the same day that Starbucks closed more than 8,000 stores to train its employees on implicit bias (full curriculum here), an outspoken Hollywood celebrity stole the headlines with an explicitly-racist tweet. One tweet, no more show. Yesterday, Roseanne Barr wrote on Twitter if the “muslim brotherhood &…
If you use a third-party to drug test job applicants, then stop what you’re doing and read this post!
Image Credit: Pixabay.com (https://pixabay.com/en/fish-hook-symbol-silhouette-icon-304097/) On a clickbait scale of 1-10, maybe a 9. First, I must apologize for something other than the clickbait; specifically, yesterday’s cop-out. I had 800 words typed on a recent case in which a federal court denied a defendants’ motion to compel arbitration. It was a great juxtaposition **…
What does the ADA say about employees who use prescription drugs to treat drug addiction?
By Soberconnections [CC BY-SA 4.0], from Wikimedia CommonsFolks, I’m warning you, this is a tough one. The ADA, illegal drugs, legal drugs. Under the Americans with Disabilities Act, an employer must provide a reasonable accommodation (if available) to a qualified individual with a disability upon request if doing so will…
Do transgender employees have ADA rights also? “Well, it depends,” said the lawyer.
Image Credit: Pixabay.com (https://pixabay.com/en/women-men-people-human-gender-149577/) When you think about lawsuits involving transgender employees and issues of gender identity, most assume that those claims would be asserted as sex discrimination claims. Often, those cases involve allegations of sex stereotyping. Except, about this time last year, I had a post entitled, “Pay…
Two important announcements and an ADA lesson “straight out of the school of hard knocks.”
Image Credit: Pixabay.com (https://pixabay.com/en/megaphone-speaker-speakers-speak-3272636/) Here are the important announcements: First, if you subscribe to this blog to receive daily emails, you must update your subscription preferences. You may have heard about the new General Data Protection Regulation (“GDPR”), that comes into effect May 25, 2018. To help comply with GDPR…
Very special FMLA/ADA greetings from Huntsville, Alabama
I took this picture. Not bad, eh? Filed under: “Didn’t think I’d be saying that in 2018.” But, it’s all good. I am grateful to Ben Eubanks and the Northern Alabama Chapter of Society for Human Resource Management for this opportunity to debut my new and improved “My Employees Can…
What Dallas’ zero Super Bowl rings this century can teach you about ADA essential job functions
Photo by freestocks.org on Unsplash Did you know that the Super Bowl MVP, Philadelphia Eagles (backup) Quarterback Nick Foles, has more playoff wins in the last three months (3) than the Dallas Cowboys have in the past twenty years (2)? But, I didn’t come here to make fun of the…
When is working overtime an essential job function? (Psst. I’ll tell you.)
Image Credit: “Whisper” by Jamin Gray on Flickr (https://www.flickr.com/photos/jamingray/1056525232) //embedr.flickr.com/assets/client-code.js Today, I’m going to revisit a topic that I’ve previously discussed a few times on the blog (here and here); namely, when is working overtime an essential job function under the Americans with Disabilities Act? The quick answer is: the employer…