Hey, I don’t make this stuff up. I just blog about it. More after the jump… * * * The Americans with Disabilities Act requires that employers provide reasonable accommodation to employees with disabilities when doing so will allow them to perform the essential functions of their job. In Assaturian…
Articles Posted in Disability
Yes, you can fire an employee who discloses a disability at his termination meeting
Filed under: duh! More on this one after the jump… * * * Let’s assume that you have an employee who commits a terminable offense. For example, in Martins v. Rhode Island Hospital, surveillance cameras and the Hospital’s employee ID swipe system suggested that Martins left work for approximately four…
An employer-defendant argued that cancer — CANCER!!! — is not an ADA disability
How do you think that worked out? (I’ve got a pretty good guess too). After the jump, let’s see if we’re right. * * * In EEOC v. Midwest Regional Medical Center, LLC (yes, the employer-defendant was a friggin’ hospital!!!), the United States Equal Employment Opportunity Commission filed suit on…
Court says having to pee uncontrollably is not an ADA disability
Talk about a pissed-off plaintiff. I’ll be here all week. (Thank God it’s Friday). More on this interesting Americans with Disabilities Act decision after the jump… * * * When you gotta go, you gotta go. In Sanders v. Judson Center, the plaintiff worked for a nonprofit human service agency providing…
Guess why dude lost his ADA failure-to-accommodate claim. (Hint: he didn’t ask for one).
When the new amendments to the the Americans with Disabilities Act took effect in 2009, the law became more employee-friendly by expanding the definition of what constitutes a disability. That said, the law doesn’t (yet) require an employer to have a sixth sense about whether a disabled employee requires a…
FACT OR FICTION: The ADA requires all employers to offer light duty.
That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.” Peep this ADA failure-to-accommodate case. Plaintiff is disabled and requests light duty. However, the evidence presented showed that there were no…
Disclosing an employee’s medical info on Facebook is hella-stupid
Plus, it may violate the Americans with Disabilities Act too. How one company’s alleged blunder turned into an ADA lawsuit and a blog post at https://www.theemployerhandbook.com…after the jump… * * * In Shoun v. Best Formed Plastics, Inc., the plaintiff allegedly suffered a bad shoulder injury at work. And, after…
Requesting an accommodation means more than saying, “I’m disabled.”
My cold, black employment-law heart is numb to just about anything. I remember this one time, early in my career, when I had to depose a teenage female plaintiff and ask her, with her mother present in the room, whether it offended her that her alleged male sexual harasser wanted…
Court: No need to accommodate employee who shows up drunk on Mike’s Hard Lemonade
Hey there, United States District Court for the Northern District of Illinois, Eastern Division. This Americans with Disabilities Act failure-to-accomodate opinion right here. You had me at “Ortiz reported to work on April 5, 2010, carrying one empty and three full cans of ‘Mike’s Hard Lemonade’ (an alcoholic beverage), along…
All that for a bag of chips: Walgreens pays $180K to settle ADA claim
A few months ago, I blogged about a California federal court decision, which recognized that Walgreens may have an obligation under the Americans with Disabilities Act to accommodate one of its cashiers who opened a $1.39 bag of chips (without having paid for it first) because she was suffering from…