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Articles Posted in Disability

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What caused this employee to claim disability discrimination on her second day of work?

  When was the last time that you trained your managers and supervisors on how to address disability accommodation requests? Or, how about the last time that you reminded your supervisors and managers that an employee with a disability needs to be treated respectfully? If it’s been a while (or, maybe, I dunno, forever),…

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When must companies accommodate employee medical marijuana use? How about never?

I’ve blogged (here) that grilling a medical marijuana user about her disability, just before firing the employee, could give rise to a viable disability-discrimination claim. In other words, where the disability (as opposed to the medical marijuana use) motivates the employment action, that’s discrimination. I’ve blogged before (here) that the Americans with…

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A jury will decide whether a quadriplegic welder will win his disability discrimination claim

Yeah, I thought you’d click on this one. From the blog that brought you the Americans with Disabilities Act claims of the bridge worker with a fear of heights, the firefighter afraid of fighting fires, and the utility person who could climb utility poles, comes the quadriplegic welder and his claims of disability…

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Don’t let ADA stereotypes do to you what they did to this company

There are certain stereotypes that accurately reflect an image held in common for members of a group. For example, employment-law bloggers who practice law in Philadelphia and blog from their bloggerdomes in Southern New Jersey are generally handsome, erudite, and more appealing than a hipster drinking Pabst Blue Ribbon at a beard…

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Did USC’s alcohol-related firing of its former head football coach violate the law?

Back in October, the University of Southern California fired Steve Sarkisian, its head football coach. The Daily Beast, among others, reported that USC fired Mr. Sarkisian after an incident where he appeared drunk during a speech at a USC event. Yesterday, Mr. Sarkisian fired back with a 14-count lawsuit in California Superior…

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Did one court really just conclude that HIV is not an ADA disability?

Yesterday, the EEOC issued two new publications on the rights of HIV-positive individuals in the workplace. As EEOC Chair Jenny Yang underscored, “Individuals with HIV infection should know that the ADA protects their rights in the workplace, including the right to reasonable accommodations.” The implication here is that HIV is…

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Just give him the chair. It’s that easy.

Several years ago, I attended a continuing legal education event at which a panel of attorneys discussed accommodations under the Americans with Disabilities Act. I remember the law-firm attorneys talking about how the ADA only requires that an employer provide a reasonable accommodation — not necessarily the employee’s first choice of…

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1.7 million reasons to reconsider issuing attendance points for medically-related absences

Burger Time and Astrosmash…who’s with me, Millennials! [Sigh] What does any of this have to do with employment law? Not much, I guess. The lede said “points,” and then I started thinking about video games, and I’m a sucker for Intellivision nostalgia. Well, anyway, the key here is points. Last week, the…