Not literally in the sun. Only Superman could do that. Or maybe some of those X-Men. Well, you get the idea. The lede, up to the word “sun.” Yesterday, I read this federal court opinion about an employee who was hired to work outdoors during the day. Unfortunately, during the employee’s…
Articles Posted in Disability
Pre-Hire Inquiries and Medical Exams: Don’t do what this employer did
When the EEOC accuses your company of engaging in a “pattern or practice” of discrimination, it’s gonna be a tough year. In EEOC v. Celadon Trucking Services, Inc. (opinion here), the EEOC accused Celadon Trucking of violating the Americans with Disabilities Act, by engaging in a “pattern or practice” of…
The limits of addressing mental illness at work
Many of us, including me, have a loved one or friend who has suffered through mental illness. With proper treatment, counseling and support, the symptoms may be controllable. However, sometimes medication and treatment aren’t enough. Mental illness, which generally qualifies as a disability under the Americans with Disabilities Act, can…
Consider this approach to the ADA interactive process
Yesterday, the Americans with Disabilities Act turned 25. To celebrate the 25th anniversary, the EEOC has created a new resource (here), which addresses the state of the ADA, lists important milestones, and offers links to a series of ADA resources. Save the Family and Medical Leave Act, I get more…
Hey, remind me, what is associational discrimination again?
We all know that the Americans with Disabilities Act makes its unlawful for an employer to discriminate against an individual on the basis of his or her disability. But, the Act has even broader protections for employees. The ADA expressly prohibits “excluding or otherwise denying equal jobs or benefits to a…
Update your job descriptions. Because, Americans with Disabilities Act.
A friendly reminder that, just because your job description might say what an employee is supposed to do, doesn’t mean that’s what your employee actually does. And, in an Americans with Disabilities Act case, here’s why that matters… At 7:00 am (yawn) on Tuesday, June 30, I’m presenting “My Employees Can…
Pee and Poop: One employer cleans up; another pays $2.25 million
Just another ho-hum Wednesday here at the ol’ Handbook. Urine trouble now. So, did you hear the one about the employee who got caught urinating next to shopping carts near the front entrance of a big home improvement store? He even admitted to, and apologized for, his public urination, explaining that he…
“Patience” is a great G N’ R song; not a reasonable accommodation under the ADA
Wow! I thought I’d seen it all in the employment space in the past 72 hours with this Rachel Dolezal downward spiral (bing, bang, boom). But, this recent federal-court opinion I read last night. The one about an employee with Attention Deficit Disorder who was fired after discussing vaginal massages with…
Take me to church — to reasonably accommodate my disability
[cue music] Let’s say that you have an employee who suffers from anxiety and stress. The employee is very religious and her doctor encourages her to attend church on Sundays. Not only does church provide fulfill her spiritually, but it helps to lower both the stress and anxiety and significantly reduce her…
Your employee has a fragrance allergy. What does the ADA require you to do?
This can be a really difficult situation. Just ask a local Pennsylvania employer. In Brady v. United Refrigeration, Inc. (opinion here), the plaintiff suffered from heightened sensitivity to perfumes, fragrant chemicals, and lotions. After she told her employer, the company attempted a number of accommodations: Purchased a portable air cleaner for use…