That’s why I kick so much butt with Americans with Disabilities Act accommodations. As a lawyer, I always have to have the last word. LOL! (Or say stuff like, “It depends.”) The ADA duty to accommodate. The ADA requires an employer to provide a reasonable accommodation to an employee, if doing…
The Americans with Disabilities Act requires employers to provide a reasonable accommodation to an individual with a disability, if doing so will allow that person to perform the essential functions of the job. Temporary light duty? Yep, that’s a reasonable accommodation. But, what about permanent light duty? Last night, I was…
A received a number of emails following yesterday’s blog post, “Can you refuse to hire a person whom you fear may have a future disability?” Most were nice. Although, I didn’t appreciate one reader’s virtual flaming bag of virtual dog poop left in my inbox. That person can go to virtual hell.…
Over the next few days. you may read a bunch of headlines about yesterday’s Eighth Circuit decision in Morris v. BNSF Railway (opinion here), touting the court’s holding that obesity, by itself, is a not a disability under the Americans with Disabilities Act. Specifically, the court concluded that “for obesity, even morbid…
Back in 2012, when I wasn’t part of this new protected class, I wrote here about whether an employer would violate the Americans with Disabilities Act by requiring an employee to work overtime. The takeaway from that post was, yes, if working a minimum number of hours each week is an essential job function,…
Kinda like Welcome to the Jungle, except with a lot less GnR. Or maybe like the famous intersection of Hollywood and Vine, except, not famous and all. And, let’s face it, the only sightseeing at FMLA/ADA is done by dorks like us. Who wants to pose with me for a selfie? Well, I…
A temporary disability isn’t an Americans with Disabilities Act “disability;” except, when it is. In Clark v. Boyd Tunica, Inc. (opinion here), the plaintiff suffered a fractured ankle on the job. Her employer had a policy that employees were subject to drug tests following an on-the-job injury or illness requiring medical…
The Family and Medical Leave Act allows eligible employees to take up to 12 weeks of leave in a 12-month period for, among other reasons, to care for a parent with a serious health condition. Most FMLA serious health conditions are plainly obvious: Cancer, HIV, dementia. But, then again… The…
Watch this video of Stevie Wonder at the Grammy’s. Ignore the tragic wardrobe selection. Instead, listen to the message about increasing accessibility to people with disabilities, and make sure that it carries over into your workplace. Remember it before… Your company insists that a job candidate with renal disease must…
Yesterday, the EEOC released its FY2015 Enforcement and Litigation Data. Consistent with prior years, claims of retaliation continue to dominate (44.5% of all claims filed with the EEOC). Race is second (34.7%). But, it’s disability discrimination — up a whopping 6% from 2014 — that should have your attention. What’s driving this…