Close

Articles Posted in Disability

Updated:

And here are 3.5 million more reasons not to enforce a 100%-healed ADA policy

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…

Updated:

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 &…

Updated:

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 **…

Updated:

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…

Updated:

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…

Updated:

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…

Updated:

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…