Articles Posted in Disability

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Folks, if I were on a deserted island with no wi-fi, but just enough battery power and 4G LTE signal to stream one compliance webinar — welcome to deserted dork island — I’m tuning in to EEOC’s New Resource on Leave as an ADA Reasonable Accommodation: A Closer Look with EEOC Commissioner Chai Feldblum.

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Gym wiki

Yesterday, the U.S. Equal Employment Opportunity Commission announced here that it had issued issued final rules on how the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act apply to employer-sponsored wellness programs.

So, what do y’all need to know about the EEOC’s new rules on employer wellness programs?

(No one ever accused me of burying the lede)

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Photo Apr 30, 10 57 11 AM

My other car is a minivan

Last Summer, I blogged here about how requiring an employee with a disability to stay out of work until 100% cured (i.e., a no-restrictions policy) automatically violates the Americans with Disabilities Act. As courts have described it, the policy does not allow a case-by-case assessment of an individual’s ability to perform essential functions of the individual’s job, with or without accommodation.

ADA violation…check!

But, what about having a 100%-cured policy for an employee taking leave under the Family and Medical Leave Act?

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Medical Marijuana

Pennsylvania is about to become the second Commonwealth in the United States to legalize medical marijuana. (23 states — la di da, states — plus DC currently allow it)

Does this mean that employees with migraines can puff vape pens and eat Cheetos in your break rooms at work? Actually, I’m pretty sure that’s not how it works.

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Wooden file cabinet.JPGThe Americans with Disabilities Act requires employers to provide a reasonable accommodation to an individual with a disability, if doing so will allow that person to perform the essential functions of the job.

Temporary light duty? Yep, that’s a reasonable accommodation.

But, what about permanent light duty?

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genebank4

A received a number of emails following yesterday’s blog post, “Can you refuse to hire a person whom you fear may have a future disability?” Most were nice. Although, I didn’t appreciate one reader’s virtual flaming bag of virtual dog poop left in my inbox. That person can go to virtual hell. Or actual hell.

But, one of the more substantive emails was worthy of setting the table for today’s post:

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