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The Employer Handbook BlogEEOC: HR didn’t want to set a disabled employee up for failure, so the company fired her instead.
By Gooddeedsday [CC BY-SA 4.0 ], from Wikimedia Commons
This isn’t that situation. Continue reading
Articles Posted in Disability
NJ federal court: Employers don’t have to excuse medical marijuana users from taking workplace drug tests
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By any reasonable, objective measure, New Jersey was having a pretty good employee-rights run in 2018 — even by NJ standards. Continue reading
Bah-gawd, those were two hecka-expensive bottles of orange juice!
By Agricultural Research Service ([1]) [Public domain or Public domain], via Wikimedia Commons
For one variety store chain accused of failing to accommodate and then firing a diabetic cashier who had to take a few bottles of orange juice from the store refrigerator to avoid seizing or passing out, well, the company swung hard!
- Motion for Summary Judgment (whiff!)
- Jury trial (whiff!)
- Appeal to the Sixth Circuit Court of Appeals (steeeeeeeerike three!)
Could an unhealthy Snapchat selfie addiction spiral into an ADA workplace disability?
Image Credit: Pixabay.com (https://pixabay.com/en/snapchat-mobile-phone-social-media-1374859/)
A recent American Medical Association study suggests that it could. Continue reading
Fact or Fiction: The ADA requires accommodating an employee to care for a relative with a disability?
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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.” Continue reading
So, how many of you think that your HR Generalists need to come to work all the time? Read this post.
By Arunkumar Umapathy [CC BY-SA 4.0 ], from Wikimedia Commons
Here were are again.
Another ADA case. Another Sixth Circuit appeal (Hostettler v. College of Wooster – opinion here). Another request for a modified work schedule. And another unsuccessful plaintiff at the lower court.
But, this wasn’t just any plaintiff. Continue reading
She couldn’t workout at her preferred time, so she quit her job. And sued.
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Imagine arriving at work where, waiting for you, is a letter addressed to you from the Sixth Circuit Court of Appeals. You know that inside that large envelope is a copy of the Sixth Circuit’s opinion in the Americans with Disabilities Act case in which you previously filed an appeal on behalf of your client.
And it’s in those seconds before you tear open the envelope that you think maybe, just maybe, the appellate court would reverse the lower court’s ruling in favor of the employer and deliver justice for your client.
Then you start reading the first paragraph of the opinion: Continue reading
What do you do when you learn that an employee is a recovering opioid addict? What don’t you do?
Image Credit: Wikipedia (https://en.wikipedia.org/wiki/File:Trileptal_tablets.jpg) CC BY-SA 3.0, Link
During this July 4th holiday week, I don’t expect many of you to read this blog. So, thank you to those who do stick around. And, come mid-week, I’ll set off some legal backyard fireworks in your honor.
***Updates shopping list***
And I’ll bring my A-game. B-plus, at least. For the rest of the week, you can expect nothing less from me than Russia’s performance against Spain in the World Cup.
We’re going to start off by revisiting an issue, the surface of which we began to scratch a few months ago: opioids and the workplace.
Before you deny an employee’s request for more extended leave after FMLA expires, read this.
Image Credit: Pixabay.com (https://pixabay.com/en/packs-pile-money-finance-currency-163497/)
You know that expression about putting your money where your mouth is?
While unsanitary, I’m going to use it to make a point today about demonstrating undue hardship under the Americans with Disabilities Act. Continue reading
If I hire you to shovel snow in hell, when hell eventually freezes over, you’d better shovel!
By flydime – https://www.flickr.com/photos/flydime/4671890969/, CC BY-SA 2.0, Link
Remember that as I share with you a recent Tenth Circuit opinion dealing with essential job functions under the Americans with Disabilities Act. Continue reading