Telework is among the array of possible reasonable accommodations under the Americans with Disabilities Act that may enable an employee with a disability to perform the essential functions of the job. Now, as a federal appellate court confirmed last month, there are situations in which telework is not a reasonable accommodation; namely, where…
Articles Posted in Disability
Is reducing workplace stress a reasonable accommodation under the ADA?
Isn’t the Americans with Disabilities Act fun? Oh, right, it’s the federal employment law that y’all voted the one that keeps you up most at night. ADA garnered 30% of the votes in yesterday’s hella-lazy blog post of a poll. FMLA and FLSA tied for second with 23% of the…
When might firing a medicinal marijuana user be discriminatory?
Ok. Let’s assume that I’m looking to fill another Blogprentice position here at the Bloggerdome. [FYI – The Blogprentice’s job is to massage my scalp during those brief periods of writer’s block or when I get the vapors, rub my feet at all other times, plus whatever tasks, reasonable or…
For ADA and accommodating employee disabilities, think ‘Burger King’
ADA and Burger King?!? Has someone been eating too many Whoppers? No. But I did spend a 20 minute Uber ride yesterday sucking down mustard packets. Actually, the inspiration for this post comes from Seattle Attorney, Michael Harrington, who presented “The Wild, the Weird and the Wonderful FMLA/ADAAA Cases…And the Lessons…
Revealed! The EEOC’s new proposed wellness program rules.
More eagerly anticipated that the premiere of Paul Blart: Mall Cop 2, yesterday, the EEOC released its new proposed rules on wellness programs. Although, based on the Paul Blart reviews, hemorrhoids too may be more eagerly anticipated. No strikethrough on the last sentence. Weird. But, if you want to have an employee…
Dude, you were fired for fellatio jokes, not your disability.
Geez! What’s gotten into me this week? Even by The Employer Handbook editorial standards, which are lower than Title VII’s religious accommodation undue hardship test. [I’ll be here all week. Sorry.] First, a 1000+ word blog post on ADA telework, followed by two cheeky posts on bad interview questions and the…
The latest guidance for employers on telecommuting as an ADA accommodation
If you’re in a rush, I’ll hit you with the punchline and save you the trouble of reading 1,000+ words of blog post: Telecommuting may be a reasonable accommodation under the Americans with Disabilities Act, except where regular attendance is an essential function of the job. For those of you with a…
Noting “Health Reasons” on a termination form could indicate disability bias
Happy Monday, everyone. Glad to see I didn’t break some of your content filters on Friday with my filthy NLRB post. But, hey, just another day in the interesting life of an employment lawyer / HR professional, amirite? Today, I bring you a very simple lesson, courtesy of the Third Circuit Court…
Pilot who ranted and raved mid-flight about a terrorist attack blames airline for allowing him to fly
One week ago today, a Germanwings plane carrying 150 people crashed and killed everyone on board. Since then, there is mounting evidence that the co-pilot, who was in great physical shape, was also suffering from mental illness which caused him to deliberately steer Flight 9525 into the French Alps. Why didn’t Germanwings taken preventative…
When does transferring an employee amount to discrimination?
Well, I think we can all agree that, when an employee’s protected class motivates a company to transfer him to a less desirable position, it’s time to call the lawyers and break out the checkbook. But, what makes a transfer position less desirable? Yesterday, I was reading this Sixth Circuit opinion about a…