Disability

Court dismisses the age bias claims of a pistol-packin’ old cripple

May 26, 2011 | by Eric B. Meyer

A 51-year-old auto-parts specialist with lupus, fibromyalgia, diabetes and arthritis, claimed that his 29-year-old co-worker called him an “old cripple” and an “old man,” labeled him “too old to be trained,” and threatened to beat him with a baseball bat.

The 51-year-old responded by telling his manager that he would kick the 29-year-old’s ass and then came to work with a handgun in his car.

Wha Wha Whaaaaaat?!?!

Did the older employee overreact? Maybe. But was he the victim of a hostile work environment?

Find out after the jump.

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Female accountant wins right to legally masturbate at work

May 19, 2011 | by Eric B. Meyer

Yep.

More on this amazing story after the jump.

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Can you reject an applicant BECAUSE he just completed drug rehab?

May 16, 2011 | by Eric B. Meyer

Although the Americans with Disabilities Act does not protect employees or applicants who use illegal drugs, it does protect those who are “participating in a supervised rehabilitation program, have successfully such a program, or who have otherwise been rehabilitated successfully.”

Does that mean that an employer cannot refuse to hire someone who, on the day after he completes a drug rehab program, applies for work?

Find out, after the jump.

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What the EEOC wants employers to know about the ADAAA

March 28, 2011 | by Eric B. Meyer

As I reported last week, after receiving over 600 public comments on its proposed regulations implementing the Americans with Disabilities Act Amendments Act (ADAAA), the EEOC has released its final rules.

So what’s in these rules? And how will they affect employers? I’ve got a nice summary from the EEOC after the jump.

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EEOC releases final ADA Amendments Act regulations

March 24, 2011 | by Eric B. Meyer

Hot off the press!

The EEOC has released its final ADA Amendments Act regulations. You can read the press release and get a copy of the regulations here.

For some prior posts at https://www.theemployerhandbook.com about the ADA, ADAAA, and the supporting regulations, click here and here.

Prepare for the new federal rules on public accommodations

March 7, 2011 | by Eric B. Meyer

On March 15, 2011, new Americans with Disabilities Act (ADA) regulations will take effect governing access to state and local government facilities as well as places that are generally open to the public.

To find out out whether YOU may be covered and, if so, what your obligations are, click here.

Can an employer legally refuse to hire a smoker?

February 24, 2011 | by Eric B. Meyer

Keeping with this week’s smoking theme, I see that the The New York Times recently ran a story discussing how some employers are refusing to hire smokers. The article warns, ““Smokers now face another risk from their habit: it could cost them a shot at a job.”

But is this legal? Can an employer really refuse to hire someone who smokes?

To learn the answer, check out a recent post I did at The Legal Intelligencer.

What to do when a disabled employee requests an accommodation at work

February 7, 2011 | by Eric B. Meyer

Recently, my friend Sharlyn Lauby, owner and sole proprietor of the HR Bartender Blog invited me to weigh in on a reader question about accommodations under the Americans with Disabilities Act. The reader, who is completely deaf, began developing neck pain at work because, the way her desk was positioned, she would constantly have to turn her head to hear anything people would say to her. Although she voiced her concerns to her boss, he just ignored her.

Unfortunately, this is not an uncommon situation. What should employees and employers do in this situation? Check out this post from the HR Bartender to find out.

Other helpful resources:

PA employee sleeps on the job and still collects unemployment

January 27, 2011 | by Eric B. Meyer

Hi there, Pennsylvania employers. Do you have employees that remind you of the sleeping gentleman in the picture to the right? After the jump, read about a local employee who was fired after getting caught sleeping on the job four times, and still successfully obtained unemployment compensation benefits!

EEOC approves ADA Amendments Act Regulations

January 10, 2011 | by Eric B. Meyer

Bill Leonard at the Society for Human Resource Management reports that the U.S. Equal Employment Opportunity Commission has approved a final version of its regulations for the Americans with Disabilities Act Amendments Act, a version of which the EEOC put out for public comment back in September 2009.

More after the jump.