Articles Posted in Disability

Image Credit: Pixabay.com (https://pixabay.com/en/muscles-strong-man-bodybuilder-2026322/)

Now, don’t say that I haven’t warned you.

A few years ago, I offered 112,500 ADA reasons not to force an employee to stay home until 100% healed. The following year, I told you to 86 the “100% cured” policy for employees returning from FMLA leave, with a reminder a few months later that a 100% healed policy = 100% violation of the ADA.

Some folks just don’t learn. Continue reading

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You know that Seinfeld episode.

The one where George gets a customized office desk for taking naps during the day?

I love that episode.

My favorite part is when “George Steinbrenner” calls in the bomb squad (after Jerry calls in a bomb threat) only to discover George’s  “empty calories and male curiosity.” Continue reading

Image Credit: Pixabay.com (https://pixabay.com/en/women-men-people-human-gender-149577/)

When you think about lawsuits involving transgender employees and issues of gender identity, most assume that those claims would be asserted as sex discrimination claims. Often, those cases involve allegations of sex stereotyping. Continue reading

Image Credit: Pixabay.com (https://pixabay.com/en/megaphone-speaker-speakers-speak-3272636/)

Here are the important announcements: Continue reading

Image Credit: “Whisper” by Jamin Gray on Flickr (https://www.flickr.com/photos/jamingray/1056525232) //embedr.flickr.com/assets/client-code.js

Today, I’m going to revisit a topic that I’ve previously discussed a few times on the blog (here and here); namely, when is working overtime an essential job function under the Americans with Disabilities Act?

The quick answer is: the employer decides when.

But, let’s do a deeper dive. Continue reading