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Articles Posted in Disability

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HR 101: The Americans with Disabilities Act and the importance of good job descriptions

  Since all of you have mastered reasonable accommodations under the Americans with Disabilities Act, this post seems rather unnecessary. Oh, that’s weird. Why is the there smoke billowing from my blog servers? (Although that could still be there from last Friday). Qualified Individuals and Essential Job Functions. Under the Americans with Disabilities…

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30,000 reasons to review your job applications now for unlawful questions

There is a growing trend across the country for employers to remove job-application questions about criminal-record history. Ban the Box notwithstanding, other common job application no-no’s continue to trip up certain employers. For example, last week, the EEOC announced (here) that it had settled a discrimination complaint filed under the…

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Got disability-leave questions? Two greats have your FMLA/ADA HR answers.

Folks, if I were on a deserted island with no wi-fi, but just enough battery power and 4G LTE signal to stream one compliance webinar — welcome to deserted dork island — I’m tuning in to EEOC’s New Resource on Leave as an ADA Reasonable Accommodation: A Closer Look with EEOC Commissioner…

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9 things HR needs to know about the EEOC’s new rules on employer wellness programs

Yesterday, the U.S. Equal Employment Opportunity Commission announced here that it had issued issued final rules on how the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act apply to employer-sponsored wellness programs. So, what do y’all need to know about the EEOC’s new rules on employer wellness programs? (No one ever…

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86 the “100% cured” policy for employees returning from FMLA leave

My other car is a minivan Last Summer, I blogged here about how requiring an employee with a disability to stay out of work until 100% cured (i.e., a no-restrictions policy) automatically violates the Americans with Disabilities Act. As courts have described it, the policy does not allow a case-by-case assessment of an individual’s…

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A pay raise is not discriminatory and eye rolls don’t create a hostile work environment, mmkay?

Reading yesterday’s post about religious accommodations and Flying Spaghetti Monsters may have had you rolling your eyes like — who is that old guy? Tony Danza? Just kidding, I know my 80s TV. It’s Corbin Bernsen. Keeping with the topics of accommodations and eye rolling, I recently read this opinion about an…

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Medical Marijuana is coming to PA. What do employers need to know?

Pennsylvania is about to become the second Commonwealth in the United States to legalize medical marijuana. (23 states — la di da, states — plus DC currently allow it) Does this mean that employees with migraines can puff vape pens and eat Cheetos in your break rooms at work? Actually, I’m pretty…