Work got you anxious and depressed? Well then, you may be disabled under the Americans with Disabilities Act. But if you think that the ADA requires your employer to transfer you away from the supervisor who is giving you a hard time, think again. In Lu v. Longs Drug Stores…
The Employer Handbook Blog
That’s what they said: Social media and the workplace and the lawsuits
One social media-related post in October. One may be good enough for the Red Sox — eat it, Detroit — not here. So, with a little help from my friends, I’ve got three stories on the the impact that the technology in the workplace has on litigation proceedings. Over at…
EEOC sues over failure to accommodate the Mark of the Beast
Play us in Keith Richards… Last month, the EEOC announced here that it had sued two companies, claiming that they violated federal law by failing to accommodate an employee’s religious beliefs: According to the EEOC’s lawsuit, Beverly R. Butcher, Jr. had worked as a general inside laborer at the companies’…
NY Court: Indefinite leave may be a reasonable accommodation for disabilities
New York City. As Jay-Z and Alicia Keys sang, it’s the “concrete jungle where dreams are made of. There’s nothin’ you can’t do.” That includes taking indefinite leave as a “reasonable” accommodation under the New York City Human Rights Law. Yep. That’s what the song means. Trust me. It’s in…
FACT OR FICTION: FMLA and workers’ compensation may run concurrently
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.” Earlier this week, I spoke at the SHRM Lehigh Valley Annual Conference on leave issues under the Americans with Disabilities…
Must an ADA requested accommodation correlate to an essential job function?
To receive the protections of the Americans with Disabilities Act, an individual with a disability must be qualified to perform the essential functions of the job with or without reasonable accommodation. Absent undue hardship, an employer must provide a reasonable accommodation. So, you’d think that the ADA would require a…
Employee — a grown man for God’s sake — claims he was fired for being a brony
Readers: A brony is a male fan of the children’s television show My Little Pony. (This is the part where you let everything that you’ve read thus far sink in, as you watch this clip, close your office door, and laugh hysterically. Go ahead. It’s ok). According to Gawker, the…
Court destroys my “Ravishing Rick Rude” theory of same-sex harassment
Cut the music. A little over a year ago, I wrote here about a steel worker named Kerry Woods. Unfortunately for Mr. Woods, he was on the receiving end of a constant barrage of “raw homophobic epithets and lewd gestures” from his supervisor. Notwithstanding, the Fifth Circuit Court of Appeals…
Court holds that anxiety from possibly getting fired is an ADA disability.
Let me tell you about a teacher in South Dakota. In 2010, she received a letter communicating concerns about her performance. Subsequent evaluations of the teacher’s classes noted several deficiencies. So, the school placed the teacher on a performance improvement plan. It was right around this time that the…
Fan gets fired for playing hooky to maintain his Yankee Stadium attendance streak
You’re probably thinking to yourself, “What kind of person cares that much about going to a baseball game that he would risk losing his job over it?” The guy who hasn’t missed a Yankees home game for 38 years. According to this CBS2 New York Report, Joseph Neubauer, who hadn’t…