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Articles Posted in Disability

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#SHRM14: Let’s grab coffee (you’re buying)

And by coffee, I mean turkey legs and frozen blueberry-mango rum lemonade. Whoa, whoa, whoa, slow down… You see that badge over there? You know what I had to do to get that badge?Buy the full version of Photoshop Spike the Kool-Aid of everyone on the SHRM Annual Conference Speaker…

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EEOC sues a nonprofit that assists the disabled for, yep, disability discrimination

So much for that case of Monday writer’s block… From a recent EEOC press release: According to the EEOC’s suit, Disability Network denied a deaf independent living specialist reasonable accommodations and then fired him. For example, the nonprofit refused the employee his requests for TTY equipment, a video phone and…

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If you have questions today about FMLA/ADA leave issues, I’ve got your hook up

In two weeks, at the SHRM Annual Conference, I’ll be presenting “Meeting the Challenges That Leaves of Absence and Attendance Issues Present Under the FMLA and ADA.”  The good news is that I have 75 minutes of HR greatness planned for my SHRM sesh. The bad news is that my…

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The firefighter afraid of fighting fires loses his ADA claim. Right, you guys? Right?!?

If I could drink up your collective skepticism when it comes to these Americans with Disabilities Act cases… …I’d need my stomach pumped. Let’s see. There’s the one about the utilityman who couldn’t climb utility poles, but had an ADA claim against a utility company. And then who can forget…

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An ADA accommodation just has to be reasonable — not the employee’s first choice

This is my son’s first year playing t-ball. The rules, in case you’re not familiar with them, are simple:  Everybody hits Everybody (eventually) rounds the bases Everybody scores Some games, my son wants to lead off. Some games, he wants to hit last. Ultimately, it doesn’t matter where he hits.…

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Firing a sick employee just before she is FMLA-eligible is very risky

So, check this out. I read this case yesterday about an employee who provided her company with a November 12 doctor’s note, requesting that her hours be reduced due to her high-risk pregnancy. The employee would have become eligible for coverage under the Family and Medical Leave Act on November…

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FACT OR FICTION: There is such a thing as a reverse-disability claim?

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.” Try this one for size, folks. In this case, an employee argued that her former employer retaliated against her, by…

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Withdrawing a job offer because of an applicant’s prior injury may violate the ADA

Two big EEOC pet peeves right now are: employers who discriminate in the hiring process; and employers who violate the Americans with Disabilities Act based on misconceived notions about how an individual’s health could impact that person’s ability to perform essential job functions. So, you’ve really got to be pushing…

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Teacher can’t return to work two weeks after maternity leave ends, but may have an ADA claim

Recently, I gave a webinar about the interplay between the Family and Medical Leave Act and the Americans with Disabilities Act. One of the takeaways there was that, when an employee’s 12 weeks of FMLA leave expire, you need to be thinking about ADA implications rather than processing a pink…