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The Employer Handbook BlogShoe Me the Reasonable Accommodation!
When a dress code update clashes with an ADA accommodation, the courtroom might be the next stop. Continue reading
Articles Posted in Disability
It wasn’t the cancer. It wasn’t the age. It was the failed business model.
A senior executive with prostate cancer helped land the company’s biggest contract ever and was promoted with a pay raise. Months later, he was fired. He believed his age and health had something to do with it—and brought claims of discrimination. Continue reading
Retaliation Risks After Accommodation Requests: Lessons from an ADA Case
Denying a reasonable accommodation request can be risky—particularly if the employer provides little explanation or fails to meaningfully engage in the interactive process. But what’s even riskier? Terminating the employee just a few weeks later.
Cue the lawsuit. Continue reading
Burned by the ADA: When Legal Weed Gets You Fired
Turns out a medical marijuana card can’t cure everything—especially if what you’ve got is a bad case of ADA expectations. Here’s a lesson in what happens when federal law refuses to roll with the times. Continue reading
From Drug Test to Lawsuit: A Medical Marijuana Case Every Employer Should Know
If The Dude from The Big Lebowski applied for a job today—with a medical marijuana card in hand and nothing but good vibes—what legal rights would he actually have? A recent federal court decision from Pennsylvania offers a reality check for employers navigating job offers, drug tests, and lawful cannabis use. Continue reading
Why Your Employee’s ADA Claim Might Succeed—Even If They Don’t Require Help
A recent Second Circuit decision underscores a critical point under the Americans with Disabilities Act (ADA) that employers often overlook: an employee who can perform the essential functions of their job without an accommodation may still have a viable failure-to-accommodate claim. Continue reading
One Misstep Cost This Employee His Accommodation—and His Case
A recent Sixth Circuit decision underscores the importance of following the right process when requesting workplace accommodations. The court ruled in favor of the employer, finding that since the employee did not follow the company’s accommodations protocol, it had no legal obligation to provide one. Continue reading
Skipping the Interactive Process? Meet the Courtroom.
A recent federal appellate court decision reminds employers of the need to communicate openly with employees about disability accommodations. Continue reading
Avoid this employer’s mistake. Here’s why your business should focus more on accommodations than the underlying disability.
In a recent decision, a federal appellate court made a strong case for employers to prioritize accommodating employees over questioning whether they qualify as disabled under the Americans with Disabilities Act (ADA). Continue reading
When Accommodation Requests Go AWOL: A Cautionary Tale For Employers
The complexities of the interactive process in disability accommodation requests can trip up even the most experienced HR professionals, especially because no two situations are alike. However, there is an immutable rule: an employee’s voluntary withdrawal from the interactive process and failure to provide the requested medical documentation show a lack of good faith. And lack of good faith spells doom for a failure-to-accommodate claim under the Americans with Disabilities Act. Continue reading