Articles Posted in Disability

shrm.jpgAnd by coffee, I mean turkey legs and frozen blueberry-mango rum lemonade.

Whoa, whoa, whoa, slow down…

You see that badge over there? You know what I had to do to get that badge?
Buy the full version of Photoshop
Spike the Kool-Aid of everyone on the SHRM Annual Conference Speaker Selection Committee
I beat out thousands (trillions?) of other speaker submissions to be selected as a SHRM 2014 Annual Conference & Exposition speaker.

So much for that case of Monday writer’s block…

From a recent EEOC press release:

According to the EEOC’s suit, Disability Network denied a deaf independent living specialist reasonable accommodations and then fired him. For example, the nonprofit refused the employee his requests for TTY equipment, a video phone and the ability to use text messaging, and refused to provide him with alternate accommodations.

Thumbnail image for weknownext.pngIn two weeks, at the SHRM Annual Conference, I’ll be presenting “Meeting the Challenges That Leaves of Absence and Attendance Issues Present Under the FMLA and ADA.” 

The good news is that I have 75 minutes of HR greatness planned for my SHRM sesh. The bad news is that my presentation is at 7:00 AM on the day after the #SHRM14 Social Bash at the Hard Rock Cafe.

So, let’s just say “Hey, thanks a lot, SHRM!” that I anticipate an intimate gathering of HR hardcore FMLA/ADAthletes for my spiel.

If I could drink up your collective skepticism when it comes to these Americans with Disabilities Act cases…

…I’d need my stomach pumped.

Let’s see. There’s the one about the utilityman who couldn’t climb utility poles, but had an ADA claim against a utility company. And then who can forget the bridge worker with the fear of heights who presented a viable ADA claim? And what about the stripper who feared climbing the stripper pole?

Shared_Image_20140601_224905.jpegI’m feeling rather charitable this evening as I punch out this post. Maybe it’s the proud feeling of crossing off my bucket list taking my four-year-old son to a Sunday early-bird at the biggest dive bar in South Jersey. (*Bonus points if you can guess the bar).

Well, I’m not sure if “proud” really captures it.

(And before you call DYFS, that’s sour mix pineapple juice).

So, check this out.

I read this case yesterday about an employee who provided her company with a November 12 doctor’s note, requesting that her hours be reduced due to her high-risk pregnancy. The employee would have become eligible for coverage under the Family and Medical Leave Act on November 17.

The company fired her on November 16.

Fact or Fiction?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.”

Try this one for size, folks.

In this case, an employee argued that her former employer retaliated against her, by terminating her for complaining about the favorable treatment a co-worker with a special needs child received.

Two big EEOC pet peeves right now are:

  1. employers who discriminate in the hiring process; and
  2. employers who violate the Americans with Disabilities Act based on misconceived notions about how an individual’s health could impact that person’s ability to perform essential job functions.

Recently, I gave a webinar about the interplay between the Family and Medical Leave Act and the Americans with Disabilities Act. One of the takeaways there was that, when an employee’s 12 weeks of FMLA leave expire, you need to be thinking about ADA implications rather than processing a pink slip at 12 weeks and a day. This is because additional leave may be a reasonable accommodation.

The same issues can arise if you have a pregnant employee. That is, you need to consider the interplay between the Pregnancy Discrimination Act and the ADA.

A recent case shows how the ADA may apply to pregnant employees.

“Doing What’s Right – Not Just What’s Legal”
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