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The Employer Handbook BlogCreating a new “job sharing” position is not a reasonable accommodation
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You work for a progressive employer. Flexible work arrangements? For sure!
Articles Posted in Disability
WARNING: This pregnancy discrimination lawsuit might make your brain explode 🤯
Image by Klaus Hausmann from Pixabay
Imagine requiring a job applicant to reveal whether she is pregnant. That’s bad!
And what if that was a company policy? That’s worse.
But, let’s suppose that the company’s policy of disclosing pregnancies is IN WRITING. Continue reading
Why did a transgender employee who needed leave from work lose claims for both sex and disability discrimination?
Sometimes it’s easy to lose the forest for the trees. Continue reading
OSHA to CDC: We hear you, dawg. We’ll update our face mask guidance too.
Image Credit: Photofunia.com
Dawg, Eric?
Clearly, I’ve been watching too many American Idol and Pimp My Ride reruns. Continue reading
Read this post before accommodating a disabled employee with a job reassignment. (It could save you a lawsuit.)
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
DON’T DO THIS: Threaten to fire employees that get a COVID-19 vaccination
Image Credit: Google Street View
Today’s edition of “DON’T DO THIS” comes from an unlikely source: The Howard Stern Show. Continue reading
Yet another court reaffirms that the ADA does not require accommodating marijuana use
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.
EEOC confirms that new COVID-19 vaccination incentive guidance is coming soon
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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
This is, by far, the most important ADA decision so far in 2021.
Image by Mudassar Iqbal from Pixabay
And it’s not at all what you think. Continue reading