Only the dorkiest of HR/Lawyers dorks could appreciate this webinar. Here is the recording. Here are the slides. Happy dork day! * * * Want to dork-out even further? If you’re on LinkedIn, consider joining the discussion of news, trends and insights in employment law, HR, and the workplace, by…
Articles Posted in Disability
Sixth Circuit redefines the “workplace” when considering attendance as an ADA essential job function
These blogging fingers have had much to say about telecommuting as a reasonable accommodation under the Americans with Disabilities Act. Now, if you’ll excuse me, these blogging fingers are going to dunk broccoli into spinach dip. Ok, I’m back. Whether telecommuting is a reasonable accommodation was a business decision. Most…
The ADA may require companies to accommodate employee theft. Yep, stealing.
Back in 2011, the U.S. Equal Employment Opportunity Commission sued Walgreens from disability discrimination. Specifically, the EEOC claimed that Josefina Hernandez, a cashier at Walgreens’ South San Francisco store, who suffered from diabetes, was on duty when she opened a $1.39 bag of chips because she was suffering from an…
Playing golf and having sex are major life activities under the ADA
When Congress enacted the Americans with Disabilities Act Amendment Act, which went into effect on January 1, 2009, it indicated that one of its purposes was to “convey that the question of whether an individual’s impairment is a disability under the ADA should not demand extensive analysis.” I vaguely recall…
A post about David Crosby, alcohol, and the ADA
On Monday, it was public urination. Yesterday, we had indecent proposals. And today, the blogging gods, in which I hold a sincerely-held belief, serve me up this federal court opinion about an alcoholic named David Crosby — not that David Crosby, but still — who sued his former employer…
The guy who was fired for peeing in a cup in front of his co-worker claims disability discrimination
I’m pretty sure Larry David had this written into the Seinfeld Parking Garage episode before making a last-minute script change to uromysitis. I would have stuck with the former. But, Mr. David is a comedic genius and I just write this crappy blog. How bad is this blog, you ask?…
Court reasons that unreasonably withdrawing a reasonable accommodation is reason for employee to win ADA suit
Let’s say that you have an employee whom the Americans with Disabilities Act would consider disabled and to whom you have afforded a reasonable accommodation for a long time. Maybe it’s a few years of light duty to accommodate your employee’s bad back. Maybe it’s keeping your employee with medically-documented…
“May it please the Court. Being overweight is just like having a neon-green mohawk.”
That’s how I start my next oral argument when defending a claim made under the Americans with Disabilities that one of my employer clients regarded an overweight plaintiff as disabled. So, who wants some of what I’m drinking today? Hey, it’s peppermint tea, jerk! And I’m not pulling this blog…
Does the ADA require accommodating a graveyard shift employee with insomnia?
Let’s assume that you run a factory in which employees are scheduled on one of two shifts: (1) 6:00 AM – 6:00 PM; or (2) 6:00 PM to 6:00 AM. One of your employees comes to you with a doctor’s note which states that working the graveyard shift will cause…
FACT OR FICTION: A temporary disability may be an ADA disability
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.” Let’s assume that your employee breaks his leg. Doctors tell your employee that he won’t walk normally for seven months.…