Disability

It’s 2024 and federal law still does not protect medical marijuana users from getting fired for testing positive.

February 20, 2024 | by Eric B. Meyer

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Historically, federal courts have determined that the Americans with Disabilities Act does not protect individuals with disabilities with valid medical marijuana prescriptions who lose their jobs for testing positive.

But, in 2024, most states have recognized the medical benefits of cannabis and have legalized it for medical use by their residents. Will this translate into viable ADA discrimination claims?

This Employee Relations Department redeemed itself (sort of).

February 16, 2024 | by Eric B. Meyer

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Earlier in the week, I shared four ways to BOTCH a sexual harassment investigation. My “muse” was an Employee Relations Department that caught the attention of the EEOC for its alleged poor handling of an employee’s complaints of sexual harassment.

But I appreciate a good comeback story, don’t you? And I’ve got one for you today. Continue reading

In January, a 78-year-old receptionist was named “Employee of the Year.” In February, she was fired.

February 15, 2024 | by Eric B. Meyer

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This sounds like something that might interest the U.S. Equal Employment Opportunity Commission. Continue reading

How do we help our employee who tells us she has early-onset Alzheimer’s disease?

February 13, 2024 | by Eric B. Meyer

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Hopefully, your business never has to address a situation where an employee is suffering from progressive memory loss and cognitive decline. But, suppose one of your employees informs you that they have early-onset Alzheimer’s disease.

How should the company respond?

A federal jury awarded $1,675,000 to a deaf applicant passed over for two warehouse positions

February 9, 2024 | by Eric B. Meyer

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Before discussing the jury verdict, I’ll tell you a little about how we got here.
Continue reading

Next time, just give her the damn stool.

January 29, 2024 | by Eric B. Meyer

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Last night, I went shopping on Amazon for a new stool. Continue reading

Reasonable accommodations for disabled employees need to be reasonable, not perfect

January 25, 2024 | by Eric B. Meyer

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I won’t bury the lede, which I’ll quote from the Fourth Circuit decision I read last night. Continue reading

Here’s your annual reminder not to misjudge and stereotype when employees with disabilities may be a “direct threat” to others.

January 4, 2024 | by Eric B. Meyer

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You’re not a doctor.

(Unless you’re a doctor.)

So don’t act like one when deciding which of your employees may be a direct threat to others at work.

(Unless you like defending Americans with Disabilities Act claims). Continue reading

85,286 reasons not to treat an employee differently because their family member is disabled

December 18, 2023 | by Eric B. Meyer

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The Americans with Disabilities Act requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment. However, the ADA does not require an employer to assist a person without a disability due to that person’s association with someone with a disability. Still, an employer cannot discriminate against an employee or applicant because of that person’s association with someone with a disability.

It’s called associational discrimination.

Employers do not need to recreate accommodations that do not exist to help employees with disabilities

December 11, 2023 | by Eric B. Meyer

Federal anti-discrimination laws, such as the Americans with Disabilities Act and the Rehabilitation Act, help ensure that individuals with disabilities have the same rights and opportunities at work as everyone else.

Both laws require employers to provide individuals with disabilities with reasonable accommodations if needed to perform the essential functions of their jobs. However, when a failure-to-accommodate claim gets litigated, the onus is on the employee to establish that they could perform their jobs, even with reasonable accommodations.