Articles Posted in Disability

Approximately 6 hours and 37 minutes after my blog post yesterday about “Preparing for Exceptions To Your Business’s COVID-19 Vaccine Program” went live, I received an email from the U.S. Equal Employment Opportunity Commission.

It read something like this: Continue reading

thc-5400191_640-1

Image by Erin Stone from Pixabay

The Americans with Disabilities Act requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, except when such accommodation would cause an undue hardship.

In the history of ADA, I don’t know of any court that has concluded that an employer must accommodate an employee’s use of medical marijuana. That’s because, federally, marijuana is still an illegal drug. (It’s on the Schedule One list). But, what about accommodating someone who uses medically-prescribed synthetic marijuana to treat the symptoms of an underlying disability? Continue reading

veteran-2698167_640

Image by Shonda Ranson from Pixabay

Late last week, the EEOC revised and released three publications that discuss how the Americans with Disabilities Act (ADA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA) apply to veteran employees and those who employ them.
Continue reading

Imagine that you have an employee who becomes disabled and can no longer perform the job’s essential functions. Being the good employer that you are, consistent with the Americans with Disabilities Act, you engage the employee in an interactive dialogue to explore possible reasonable accommodations. After a lot of back and forth, the only possibility is a transfer to another director position.

Except, here’s the thing. Continue reading

A few months ago, I blogged here about a lawsuit filed in a Pennsylvania federal court in which a plaintiff alleged that a grocery store’s inflexible policy of requiring all customers to face coverings — even the ones with documented medical issues — violated the Americans with Disabilities Act.

Late last week, the judge effectively stuck a pin in the plaintiff’s balloon by denying a request for an injunction. So, I want to tell you a little about this case. Stick around to read the plaintiff’s social media posts. It’ll be worth your while.

Continue reading

Over the weekend, President Trump nominated Amy Coney Barrett, United States Circuit Judge of the United States Court of Appeals for the Seventh Circuit, to fill the open Supreme Court seat. Since this is an ***check notes*** employment law blog, many of you may be wondering how Judge Barrett would decide an employment law case on the Supreme Court. Continue reading

“Doing What’s Right – Not Just What’s Legal”
Contact Information