Articles Posted in Disability

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The Americans with Disabilities Act requires employers to make reasonable accommodations to the known physical or mental impairments of an otherwise qualified individual with a disability. Technically, both courts and the U.S. Equal Employment Opportunity Commission consider reassignment to a vacant position to be a reasonable accommodation.

But, here’s the thing. Continue reading

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Image Credit: Pixabay (https://pixabay.com/en/marijuana-scales-legalization-drugs-2754249/)

It’s been a minute since I’ve gotten to blog about the Americans with Disabilities Act and accommodating an individual with a disability and a marijuana card who uses doctor-prescribed marijuana off the clock.

Better dust off the cannabis scales of justice for this one.

Continue reading

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Image Credit: Photofunia.com

Since the EEOC last updated its “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” resource document on December 16, 2020, it published proposed wellness rules only to walk them back less than a week later. So, several business groups wrote to the EEOC asking the big question: to what extent may employers offer employees incentives to get the COVID-19 vaccine without violating the Americans With Disabilities Act and other laws enforced by the EEOC.

It appears that we may get an answer soon. Continue reading

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Image by eiden_kris from Pixabay

One of your employees has a disability that prevents her from getting to work consistently. The problem is that regular attendance is an essential function of the job. So, remote work isn’t an option.

Do you need to provide her transportation as a reasonable accommodation under the Americans with Disabilities Act? Continue reading

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Image by torstensimon from Pixabay

Several states are taking steps to forbid employers from requiring that workers receive COVID-19 vaccinations. Separately, I know of at least two pending lawsuits that employees have filed. I already blogged about one of them here. The other is pending in a federal court in California.

But it’s the California of the East a/k/a New Jersey that has taken a much different approach. Continue reading

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Image Credit: Marco Verch Professional Photographer (Syringe and vaccination record card on blue background)//embedr.flickr.com/assets/client-code.js

The Miami Heat made news twice yesterday. First, the rumor mill has the franchise closely tied to a deal for Toronto Raptors point guard Kyle Lowry. Of course, my beloved Philadelphia 76ers are also in the mix to bring the Villanova grad back home to the City of Brotherly Love.

But the bigger Miami Heat news is that vaccinated fans will soon have their own sections at Miami Heat games. Continue reading

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