The answer to this question, because I’m a lawyer, is “it depends.” Naturally, of course. Well, what does it depend on? Ok. Under the Americans with Disabilities Act, an employer cannot require a medical examination and cannot ask about whether someone has a disability (or about the nature and severity of the…
Blogger Claus — that’s me, I’m the non-denominational, workplace-friendly Blogger Claus — wants to reward his good readers with some holiday cheer. (The bad readers get two EEOC Charges and will be fed to Krampus). So, here’s what I have. It’s your choice of any one of the following (as…
I know y’all are waiting with baited breath — wait, hold do you bait breath? Like a putting a worm on a fishing line or something? ***Googles*** Right, as I was saying, I know y’all are waiting with bated breath for me to publish all of those reader-submitted holiday-party “yowzas”…
That’s pretty much what happened in this recent Eleventh Circuit opinion. We’ve gone over this before. There are certain jobs that don’t require regular in-person attendance. And then there’s the plaintiff’s full-time Purchasing Agent position for the City of Tallahassee, which is the central focus of Garrison v. City of…
Today, I want to take you to school to discuss the Americans with Disabilities Act and job descriptions. Check that. Bad job descriptions. I brought my pencil! Gimmee something to write on. Hey, quit eyeballin’ me! Better yet, close your eyes. Let’s pretend that you have a clerk position. And that clerk…
Allegedly, of course. Doe worked Directions for Youth and Families, Inc. Doe is bipolar and communicated as much to her employer, which eventually fired Doe. Want to know why? Why, Eric? Welp, here’s the quote from Doe v. Directions for Youth and Families, Inc. (opinion here): At their August 2014 meeting, the…
Actually, as I see it, yes, Eric is utilizing hyperbole. But, this recent Eighth Circuit opinion in a case involving the duty to accommodate under the Americans with Disabilities Act is a dicey one for employers. The plaintiff in Kowitz v. Trinity Health (opinion here) began working as a respiratory…
Someone didn’t read my post back in May. [cue music] Last night, I read this opinion about an employee-plaintiff whose position required her to conduct several weekly tours of the employer-defendant’s facility. In 2012, the plaintiff fell on a ladder, broke her leg, and took 12 weeks of leave under…
If your Saturday night consists of nerding up on HR compliance with both the Family and Medical Leave Act and the Americans with Disabilities Act, why fight it? We’re kindred spirits. So, take my hand… Or, maybe just email me — yes, email is better — for the scintillating PowerPoint debuting…
Earlier in the Summer, I blogged here about this federal court opinion, recognizing that a convenience store may have violated the Americans with Disabilities Act by firing a diabetic cashier. The facts showed that the diabetic cashier twice violated the store’s grazing policy by removing bottles of orange juice from the store cooler without immediately paying for…