An eligible employee may take up to 12 workweeks of leave under the Family and Medical Leave Act in a 12-month period. If an employee exhausts all of her FMLA leave and fails to return to work after the 12 weeks are up, can’t the company simply fire the employee?…
Articles Posted in Disability
Fact or Fiction: Some U.S. discrimination laws extend worldwide
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”. The answer to today’s question is fact. In 1991, the Supreme Court decided, in the companion cases of EEOC…
The Scooter Store … yadda, yadda, yadda … disability bias?
https://www.youtube.com/watch?v=csuZHyW-iGI i·ro·ny (noun) [ahy-ruh-nee]: an outcome of events contrary to what was, or might have been, expected. The United States Equal Employment Opportunity Commission has sued The Scooter Store, a purveyor of power chairs for the disabled, for disability discrimination. Here is a copy of the Complaint. And here is a copy of…
Fact or Fiction: Pregnancy is a disability under federal employment law
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”. The answer to today’s question is fiction. Pregnancy is not a “disability” for purposes of the Americans with Disabilities…
This is why you document employee workplace issues
Management-side employment lawyers preach it until they are blue in the face: companies should always document employee performance and disciplinary issues. Why is this so important? A real-world example follows after the jump… * * * Documentation makes courts feel all warm and fuzzy. This case is Day v. Morgan.…
Fact or Fiction: Miniature horse = reasonable ADA accommodation
Welcome back to “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”. https://www.youtube.com/watch?v=UFLJFl7ws_0 So, is a miniature horse a reasonable accommodation under the Americans with Disabilities Act? Maybe. Title I of the ADA covers employers discriminating against qualified individuals…
Welcome to the Employment Law Blog Carnival: Jukebox edition!
The Employment Law Blog Carnival has finally rolled into town. What is a blog carnival? It is a collection of links on a particular topic — here, employment law — that bloggers have submitted to me, which I then arrange around a particular theme. For this edition of the Carnival,…
Job candidate bolts from a drug test; sues for disability bias
Stop me if you’ve heard this one before: Job candidate is told that any job offer is contingent upon passing a drug test. On d-day, job candidate bolts from the drug-testing facility, claiming that he has trouble in confined spaces. No drug test means that job candidate is disqualified from…
Can a bridge worker with a fear of heights have a viable ADA claim?
Today, I get to sleep in because The Employer Handbook has a guest blogger. It’s Andrew Kim, a summer associate at Dilworth Paxson LLP: * * * Some people have no problem with heights (as seen above). But Darrell Miller, a bridge worker, had acrophobia (a.k.a. the fear of heights).…
What to know about providing disabled employees time off work
The Americans with Disabilities Act (ADA) prohibits discrimination in the workplace against disabled individuals. By law, if an employer knows that an employee or applicant is disabled, it must reasonably accommodate the known disability, if doing so would not impose an “undue hardship” on the operation of the employer’s business.…