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Articles Posted in Disability

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She had it up to here with her co-workers, and the company hardly helped. ADA violation? Maybe.

Had I represented the plaintiff in this case, I would’ve found a way to incorporate this .gif into my brief opposing the employer’s motion for summary judgment. {Cue music} Poor, poor Diane St. Amour. She worked for a hospital in Connecticut until, she claims, she was forced to quit. So,…

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165,000 reasons to remember that associational discrimination violates the ADA

165,000 reasons meaning 165,000 dollars. But, you probably figured that out. What the heck is associational discrimination? Well, funny you should ask because, last Summer, I had a post about it. In the context of the Americans with Disabilities Act, associational discrimination occurs when a company excludes or otherwise denies equal jobs…

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The EEOC has no chill for your discriminatory prescription drug use and hiring policy

Do you require potential hires to pass a drug test as a condition of employment? If so, there are some limits as to what you can do. For example, the Americans with Disabilities Act is the federal law that make it unlawful for employers to discriminate based on a disability. While nothing in the…

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Don’t miss tomorrow’s free webinar: “How to Navigate Alcoholism and Substance Abuse under the FMLA/ADA”

Are you prepared to address drug- and alcohol-related disabilities and leave issues under the FMLA and ADA? At some time in their lives, millions of Americans have abused drugs and alcohol. While many are in recovery, others continue their struggle. Inevitably, your workforce will feel the impact. Join this new…

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Yes, we get it already. Permanent light duty is not an ADA reasonable accommodation.

The Americans with Disabilities Act requires an employer to provide a reasonable accommodation to an employee with a disability, when doing so will permit that employee to perform the essential functions of the job. Examples of reasonable accommodations include reassigning non-essential job functions to other employees, a transfer to another open…

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Join me for a free webinar on 8/24: “How to Navigate Alcoholism and Substance Abuse under the FMLA/ADA”

Are you prepared to address drug- and alcohol-related disabilities and leave issues under the FMLA and ADA? At some time in their lives, millions of Americans have abused drugs and alcohol. While many are in recovery, others continue their struggle. Inevitably, your workforce will feel the impact. Join this new…

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A jury will hear the ADA claim of a diabetic cashier, fired for drinking life-saving juice from a store refrigerator

I imagine that this juice won’t be worth the squeeze. A couple years ago, I blogged here about a case in which a national drug store store fired a diabetic cashier for violating its “grazing” policy. That is, she opened a $1.39 bag of chips, without having paid for it first. However,…

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These sample employer-wellness program notices will make you the envy of all your HR friends

Want to sit at the cool table next week at SHRM16? Well, I’ll be there. So, if you’d like the secret password or just want to meet a real blogging-employment-lawyer legend in person, email me. (Yes, I’ll have some swag). Or, head over the EEOC’s website, print out this Sample ADA Notice for your…