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Articles Posted in Disability

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Does the ADA ever require six months of employee leave? Sure does, says the EEOC.

Is this the face of a company that would fire an employee who was on leave receiving treatment for breast cancer rather than granting her request for additional leave for more treatment? Yes indeed according to the U.S. Equal Employment Opportunity Commission.According to this press release and this complaint filed in…

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Federal judge to EEOC: Your wellness-program incentive rules are kind’ve a big dumpster fire

Well, maybe not in those words exactly. But, the judge did have some scathing words for the U.S. Equal Employment Opportunity Commission’s take on wellness-program incentives. Remind me. What are these incentive rules? Back in 2016, the U.S. Equal Employment Opportunity Commission passed new regulations impacting wellness programs. Among other things,…

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Sometimes, a little flexibility — and (gasp) humanity — can avoid a big employment lawsuit

Ah yes. We’re going to attempt to put the “human” in HR today. **clutches icy-cold lawyer heart** In Grant v. Hospital Authority of Miller County (opinion here), the plaintiff filed and was approved for leave under the Family and Medical Leave Act due to complications with her pregnancy. After giving birth…

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Another court greenlights a medicinal marijuana user’s lawsuit against his former employer

This may not be Magic vs. Bird or Biggie vs. Tupac. Those battles are too close to call. But, if I were to ask you which side of the country, east coast or west coast, would offer greater judicial support for the employment rights of medicinal-marijuana cardholders, you’d say west…

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I’ll hang out for a bit while you grab the maximum-leave policy in your employee handbook

Don’t have one? Good. You can skip today’s post. As for the rest of you, say a silent prayer to whatever higher power you believe in, email me a thank you, and read on… Yesterday, some of my buddies and I delivered the second of two continuing legal education sessions…

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Yes, litigators must come to the office and go to court, says federal appellate court

Bad news for all you coffee-shop lawyers out there. ***ducks lightning bolt*** About a year ago, I blogged here about a litigation attorney with the State of Louisiana. She has a “disability” under the Americans with Disabilities Act. On account of her illness, the U.S. Department of Justice accommodated the litigator by allowing…

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ADA Pro Tip: Don’t order an employee to flush her meds down the toilet

That is stupider than stupid stupid. It’s also a central allegation in this complaint that the U.S. Equal Employment Opportunity filed in a Georgia federal court last week. Here’s more from the press release: Hester Foods, Inc., the operator of a Kentucky Fried Chicken restaurant franchise in Dublin, Ga., violated federal law…

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The 6 Ways “Covfefe” Can Improve HR Compliance

It all began last week with a (possible) typographical error in a tweet from our 45th President, “Despite the constant negative press covfefe.” At first, President Trump’s tweet confused us; “covfefe” even stumped a spelling bee champ while creating a spike in demand for novelty license plates. But then President Trump doubled down on Twitter, “Who…

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I don’t recall the ADA saying anything about reasonable-er accommodations.

Hopefully, I didn’t miss something. (Oh, so you’re saying that, maybe, “reasonable-er” isn’t a word.) Well, I do have a point here. Somewhere. Ask and ye shall receive. In Preston v. Great Lakes Specialty Finance, Inc. (opinion here), Plaintiff suffered from a disability that caused him to have heightened sensory sensitivities…