Image Credit: SHRM.org
Last night, after the big Sixers win over the Raptors, I checked out the EEOC Newsroom to hunt for blog fodder for today.
That’s when I noticed that four of the five most recent EEOC press releases addressed claims of disability discrimination under the Americans with Disabilities Act. Continue reading
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On Wednesday, I blogged, “If your job applications look anything like this, well, damn, you’ve got some ADA problems.”
“This” was a medical questionnaire that inquired about certain medical conditions, whether the employee had an impairment or disability, and whether the employee had previous surgery or received a permanent disability rating.
In other words, questions that were designed to elicit information about whether an individual has a disability.
Not surprisingly, readers asked some good follow-up questions about related ADA issues; stuff that wasn’t part of the low-hanging fruit that the EEOC plucked when it sued the employer with the bad medical questionnaire.
For everyone’s benefit, let’s address those questions today. Continue reading
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I remember once I had a colleague asked me to review an addendum to a job application for a client to make sure it was all good and legal.
It wasn’t.
Continue reading
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Ever since the amendments to the Americans with Disability Act took effect in 2009, management-side employment lawyers have preached to clients that they should focus more on accommodating a disability rather than whether an employee has a disability in the first place.
But, what if you have an employee who seeks an accommodation — time off — for a condition that she claims impacts her ability to work?
Lorimar Productions/NBC [Public domain], via Wikimedia Commons
Some may even consider Sybil to be ‘crazy.’
Or at least someone with a mental impairment that substantially limits one or more major life activities a/k/a a disability. Continue reading
Image Credit: Photofunia.com (http://photofunia.com/results/5ca8a63b846d788d968b457e) (What a strange thing to write on a window.)
Even in New Jersey, where employment law is ‘Mister Rogers’ friendly to employees. Continue reading
Image Credit: Pixabay (https://pixabay.com/en/marijuana-scales-legalization-drugs-2754249/)
The case is called Wild v. Carriage Funeral Holdings, Inc. So, yeah, it’s “Wild.”
And so as not to bury the lede, the court concluded that the plaintiff, a medical marijuana user, could pursue discrimination claims under the New Jersey Law Against Discrimination (the LAD) against his employer. Continue reading
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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.”
It’s your fault that this post is so short. Continue reading
Ironic Humor Rock Irony Nothing Is Written In Stone (https://www.maxpixel.net/Ironic-Humor-Rock-Irony-Nothing-Is-Written-In-Stone-527756)
Isn’t it ironic? Don’t you think? Continue reading
Image Credit: Pixabay.com (https://pixabay.com/photos/syringe-medical-finger-957260/)
Over the weekend, I read a recent federal appellate court opinion about a pharmacist who alleged that his former employer discriminated against him by failing to accommodate his fear of needles. Continue reading
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