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The Employer Handbook BlogThe outdoor worker who couldn’t work in the sun lost his ADA claim
![the fable of the moth and the sun [det]](https://farm1.staticflickr.com/97/271023578_cf5ff469df.jpg)
Not literally in the sun. Only Superman could do that. Or maybe some of those X-Men. Well, you get the idea.
Articles Posted in Disability
Pre-Hire Inquiries and Medical Exams: Don’t do what this employer did
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When the EEOC accuses your company of engaging in a “pattern or practice” of discrimination, it’s gonna be a tough year.
The limits of addressing mental illness at work
Many of us, including me, have a loved one or friend who has suffered through mental illness. With proper treatment, counseling and support, the symptoms may be controllable. However, sometimes medication and treatment aren’t enough.
Mental illness, which generally qualifies as a disability under the Americans with Disabilities Act, can disrupt the workplace. And, it can create a big problem where the employee is a threat to himself or others. Continue reading
Consider this approach to the ADA interactive process
Yesterday, the Americans with Disabilities Act turned 25. To celebrate the 25th anniversary, the EEOC has created a new resource (here), which addresses the state of the ADA, lists important milestones, and offers links to a series of ADA resources.
Save the Family and Medical Leave Act, I get more calls about the ADA from business owners, HR professionals, and decisionmakers, than any other employment law. Continue reading
Hey, remind me, what is associational discrimination again?
We all know that the Americans with Disabilities Act makes its unlawful for an employer to discriminate against an individual on the basis of his or her disability. But, the Act has even broader protections for employees. Continue reading
Update your job descriptions. Because, Americans with Disabilities Act.
A friendly reminder that, just because your job description might say what an employee is supposed to do, doesn’t mean that’s what your employee actually does. And, in an Americans with Disabilities Act case, here’s why that matters…
“Patience” is a great G N’ R song; not a reasonable accommodation under the ADA
Wow! I thought I’d seen it all in the employment space in the past 72 hours with this Rachel Dolezal downward spiral (bing, bang, boom).
But, this recent federal-court opinion I read last night. The one about an employee with Attention Deficit Disorder who was fired after discussing vaginal massages with a co-worker (even Tyrion Lannister would blush) restores my confidence in my chosen profession.
Rather than just walk away, why did this employee claim violations of various federal employment laws? Because the blog gods are good, my friends.
Take me to church — to reasonably accommodate my disability
[cue music]
Let’s say that you have an employee who suffers from anxiety and stress. The employee is very religious and her doctor encourages her to attend church on Sundays. Not only does church provide fulfill her spiritually, but it helps to lower both the stress and anxiety and significantly reduce her reliance upon prescription medication.
But, you’ve scheduled this employee to work a Sunday through Thursday schedule. Still, she comes to you and asks for all Sundays off to attend church as an accommodation for her anxiety and stress, which are probably disabilities under the Americans with Disabilities Act.
Question: Do you have to allow her to go to church? Continue reading
Your employee has a fragrance allergy. What does the ADA require you to do?
This can be a really difficult situation. Just ask a local Pennsylvania employer. Continue reading