You’re thinking I should have led with the strip club, eh? On Wednesday, an Iowa jury awarded $240,000,000 to a group of 32 men with intellectual disabilities, whom it found had been discriminated against in violation of the Americans with Disabilities Act. According to this EEOC press release, the verdict…
Articles Posted in Disability
GUEST POST: How Tech Creates Add’l Challenges in Today’s Workplace
Today we have a guest blogger at The Employer Handbook. It’s Noah Kovacs. Noah has over ten years experience in the legal field. He has since retired early and enjoys blogging about small-business law, legal marketing, and everything in between. He recently purchased his first cabin and spends his free…
An employee using the “honest belief” doctrine in a bias case? As if!
To defend against a claim of discrimination, an employer can argue that it fired an employee because it honestly believed that the employee did “X.” And, as long as “X” isn’t discriminatory, the employer prevails. This is the honest belief doctrine. So, can an employee flip the “honest belief doctrine”…
Even rarely performed job functions may be “essential” under the ADA
You run a delivery service using large trucks and require that drivers be qualified by the Department of Transportation. Although your facility managers aren’t often behind the wheel of the big rigs, you nonetheless require that they too be DOT certified. One day, a manager with a disabling eye injury…
Are Flounder from Animal House and Left Ear from The Italian Job “disabled”?
– “Mr. Dorfman?” – “Hello!” – “0.2… Fat, drunk and stupid is no way to go through life, son.” * * * – “That’s Left Ear. Demolition and explosives. When he was ten, he put one too many M-80s in the toilet bowl. Lost the hearing in his right ear.…
Leave as an ADA reasonable accommodation; when is enough…enough?
Unquestionably, when it come to tackling the Americans with Disabilities Act, one of the biggest issues affecting the workplace and accommodating disabled employees is providing leave as a reasonable accommodation. Anecdotally, a question that plagues most employers is just how much leave is enough? We know that an indefinite…
Yahoo! has a new no-telecommuting rule. Here’s why it may be unlawful.
Over the weekend, I read this article from Kara Swisher on AllThingsD.com, in which she reports that Yahoo!, under its new leadership, will implement a no-telecommuting rule, effective June 1. Ms. Swisher posted a copy of the internal Yahoo! memorandum to its employees, in which the company underscores the “critical”…
@Eric_B_Meyer on DriveThruHR #dthr
Have you checked out DriveThruHR yet? DriveThruHR is the baby of Bryan Wempen and William Tincup, a half-hour radio show on which these two HR leaders, along with a guest, discuss the latest trends, thoughts and sentiment within the industry. Yesterday, I was on DriveThruHR, Human Resource’s #1 Daily Radio,…
GUEST POST: The ADA and Test-Taking
Today we have a guest blogger at The Employer Handbook. It’s my colleague, Katharine Hartman. Katharine is an associate in Dilworth Paxson’s Labor & Employment Group, but also asked that I give a little shoutout to our new Test Publishing, Certification and Licensure Group. So holla! After the jump is…
Fact or Fiction: Your employee’s nasty facial scar may be a 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.” Your new employee at local pizzeria has what we’ll call a “facial deformity.” So, rather than having him work the…