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So, glad you asked.

In a nutshell, the consensus was that training, vocational and apprenticeship programs are essential to creating more employment opportunities for workers. While technology and removing barriers for folks with disabilities could create more opportunities for more educated workers; one panelist cited President Trump’s push for infrastructure investment as a way to create jobs for blue collar workers.

For more on yesterday’s meeting at the EEOC, here is the EEOC press release. I took the liberty of curating the live tweet stream here. And, you can find bios and written testimony from the panelists here.

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Puzzle Mosaic Riddle Secret Mystery Mixture

The biggest impact on employers, when the Americans with Disabilities Act Amendments Act took effect on January 1, 2009, was to downplay whether an employee actually had a disability, and get businesses focusing more on whether there existing a reasonable accommodation that would permit an employee to perform the essential functions of the job.

Many management-side employment lawyers joked that, under the ADAAA, everyone had a disability. That’s how easy it was to establish.

Well, except maybe a cleft palate.

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Cracker Barrel, 10/2014 by Mike Mozart of TheToyChannel and JeepersMedia on YouTube #Cracker #BarrelIn case you haven’t heard, Cracker Barrel fired Brad’s wife — or so we’re told. And, the internet is losing it’s you-know-what.

If you’re late to the party, and don’t have a clue what I’m talking about, read these posts:

  • Why did Cracker Barrel fire Brad’s wife? The Internet demands answers. (WaPo)
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A few months ago, I was waxing poetic about plutonium, how to establish essential job functions, and quality-testing diet scrapple. What got into me?

Now, I’ve got a cautionary tale, in the form of a recent federal court opinion, to help you good folks navigate away from some of the Americans with Disabilities Act traps. Lest you like litigation and lawyer bills.

Woo hoo! Continue reading

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Kick'n the canIt was déjà vu all over again yesterday.

In its much anticipated decision in Christiansen v. Omnicom Group, Inc. (opinion here), the Second Circuit concluded that Title VII of the Civil Rights Act does not cover discrimination based on sexual orientation.

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Sobriety checkpoint easthaven ct

By Versageek (Own work) [CC BY-SA 3.0 (http://creativecommons.org/licenses/by-sa/3.0) or GFDL (http://www.gnu.org/copyleft/fdl.html)], via Wikimedia Commons

Alcoholism can be a disability under the Americans with Disabilities Act. The EEOC notes here that the ADA may protect a “qualified” alcoholic who can meet the definition of “disability.” What is a “qualified” alcoholic? Someone who can perform the essential functions of the job with or without accommodation.

Allowing an alcoholic to attend AA to remain clean and sober? That works.

But, accommodating an alcoholic who “falls off the wagon,” gets a DUI, and needs time off from work because he is incarcerated? Not so much.

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