Disability

Another employer learns the hard way that it’s better to hire slow and fire fast

September 1, 2023 | by Eric B. Meyer

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A company fired one of its employees just ten days after learning about his disability. Although the proximity between the two doesn’t confirm that the employee’s disability motivated the employer’s decision, some other vital factors led a federal appellate court to overrule a lower court’s decision in favor of the employer, thus setting the stage for a jury trial on the plaintiff’s Americans with Disabilities Act (ADA) claims.

I’ll explain why. Continue reading

I may have located the blueprint showing when regular, in-person attendance is an ADA essential job function

August 24, 2023 | by Eric B. Meyer

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Earlier this month, a federal appellate court had to decide whether a hospital employee could perform her job remotely or whether the job’s essential functions required her to come to work in person.

Spoiler alert: The plaintiff lost the failure-to-accommodate claim she asserted under the Americans with Disabilities Act.

But stick around because the Seventh Circuit’s thoughtful analysis may help you decide whether regular work attendance is essential for the job. Continue reading

Can a company require OT — even if a disability prevents an employee from working long hours?

August 16, 2023 | by Eric B. Meyer

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TL;DR: Yes.

EEOC claims four HR employees facilitated two acts of disability bias against the same person

August 15, 2023 | by Eric B. Meyer

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The Americans with Disabilities Act makes it unlawful for an employer to discriminate against a qualified applicant or employee with a disability. According to a lawsuit that the U.S. Equal Employment Opportunity Commission filed yesterday, an employer did both.

To the same individual. Continue reading

The ADA may require accommodations for alcoholics. But it can get tricky when police are involved.

August 11, 2023 | by Eric B. Meyer

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Yes, alcoholism can be a disability under the Americans with Disabilities Act. Continue reading

Sometimes, the only reasonable accommodation is one where the employee doesn’t work.

August 2, 2023 | by Eric B. Meyer

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Yesterday, we talked about how workplace accommodations that enable an employee to remain at work (and get paid) are generally better than ones that require time off, like an unpaid leave of absence.

But sometimes, there’s only one option. Continue reading

Is do-it-yourself dialysis at work an ADA reasonable accommodation? The EEOC thinks so.

August 1, 2023 | by Eric B. Meyer

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I’ve practiced law for over twenty years, mainly as an employment lawyer. In that time, I’ve lost track of the number of times that I’ve counseled employers on their obligations under the Americans with Disabilities Act. Some of those have involved accommodating employees with end-stage renal disease and adjusting work schedules to allow for dialysis appointments.

But, an accommodation request to perform dialysis at work? That’s a new one.

Thank you, EEOC, for this new ADA visual disabilities in the workplace guidance document

July 27, 2023 | by Eric B. Meyer

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Yesterday, the U.S. Equal Employment Opportunity Commission released a new technical assistance document called “Visual Disabilities in the Workplace and the Americans with Disabilities Act.”

Sure, you could read all 59 pages of it. Or I can digest it here for you in a few hundred words—your choice. Continue reading

If you hire someone who says they are in a drug treatment program, don’t do this…

July 12, 2023 | by Eric B. Meyer

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The Americans with Disabilities Act prohibits discrimination based on a disability concerning employment. That includes refusing to hire someone based on an actual disability, a perceived disability, or a record of disability.

Whether an employer regards a job applicant as having a disability or learns about a record of a disability, an employer cannot lawfully refuse to hire them because they are receiving addiction treatment — even if that means the individual is currently in a methadone maintenance program.

Indirect consequences of not accommodating disabilities at work can land employers in hot water

July 11, 2023 | by Eric B. Meyer

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Yesterday, we discussed how an employee asserting a failure-to-accommodate claim under Title VII must establish that their request for a religious accommodation resulted in an adverse employment action. The same appellate court deciding that case also recently confirmed that the same maxim applies to failure-to-accommodate claims under the Americans with Disabilities Act.

But, there’s a rub. Continue reading