April, 2019

Does an employee have an ADA ‘disability’ if it substantially limits the major life activity of ‘working’?

April 16, 2019 | by Eric B. Meyer

Image Credit: Pexels.com (https://www.pexels.com/photo/working-in-a-group-6224/)

Ever since the amendments to the Americans with Disability Act took effect in 2009, management-side employment lawyers have preached to clients that they should focus more on accommodating a disability rather than whether an employee has a disability in the first place.

But, what if you have an employee who seeks an accommodation — time off — for a condition that she claims impacts her ability to work?

Hmmm…

285,000 reasons that your company president shouldn’t ridicule an employee with a disability. Especially not in email.

April 15, 2019 | by Eric B. Meyer

Lorimar Productions/NBC [Public domain], via Wikimedia Commons

In 1976, Sally Field played Sybil in the eponymous TV movie. Sybil was a teacher who suffered a breakdown in front of her students, only to be diagnosed with dissociative identity disorder. Throughout the movie, Sybil exhibits multiple personalities — 16 in all.

Some may even consider Sybil to be ‘crazy.’

Or at least someone with a mental impairment that substantially limits one or more major life activities a/k/a a disability. Continue reading

NYC is going to ban pre-employment marijuana drug screening. How do you feel about that?

April 12, 2019 | by Eric B. Meyer

User:Jennifer Martin [CC BY-SA 4.0], via Wikimedia Commons

Earlier this week, the New York City Council approved this bill, which will make it unlawful for most NYC employers to require any job candidate to submit to testing for the presence of any tetrahydrocannabinols or marijuana in such prospective employee’s system as a condition of employment.

Mayor Bill de Blasio is expected to sign the legislation.

The EEOC just announced its 2018 performance numbers. Here are three things employers need to know.

April 11, 2019 | by Eric B. Meyer

Aotearoa at Polish Wikipedia [CC BY-SA 3.0], via Wikimedia Commons

Spoiler Alert: the Federated States Of Micronesia had zero charges of discrimination Continue reading

Imagine being forced to re-employ the person who claims that your company discriminated against her.

April 10, 2019 | by Eric B. Meyer

Public Domain, Link

Many people forget that federal anti-discrimination law, Title VII of the Civil Rights Act of 1964, contemplates reinstatement of an employee as a remedy for discrimination. Continue reading

What do you think about ‘Thank You’ notes and, maybe, adding a live weekly video chat to this blog?

April 9, 2019 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/photos/thank-you-thanks-card-message-note-515514/)

I have two items I want to hit you with today, on both of which I’d love your feedback. Continue reading

Looks can be deceiving. Morbid obesity isn’t necessarily a disability.

April 8, 2019 | by Eric B. Meyer

Image Credit: Photofunia.com (http://photofunia.com/results/5ca8a63b846d788d968b457e) (What a strange thing to write on a window.)

Even in New Jersey, where employment law is ‘Mister Rogers’ friendly to employees. Continue reading

Will you have to provide employee pay data with your EEO-1? When’s the new EEO-1 deadline? I’ve got answers.

April 5, 2019 | by Eric B. Meyer

EEO1-1024x735

Since pretty much everything is a letdown after exorcisms and sex questionnaires, I’m aiming particularly low today with a simple update on when you’ll have to file your EEO-1 Report and whether you’ll have to include employee pay data with the report.

(By the way, I’m sorry about the late post today. IT was performing server maintenance this morning, which may have had something to do with yesterday’s post and your clickety-clicks.) Continue reading

There are better ways to improve employee morale than with exorcisms and sex questionnaires, I’m told.

April 4, 2019 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/vectors/devil-red-demon-cartoon-satan-29973/)

Howard Stern interviewed Alec Baldwin recently. Mr. Baldwin was talking about going to anger management classes and realizing quickly that, well, he’s really not that angry. At least not compared to some of the other folks required to attend anger management classes.

Now, consider your most pain-the-butt, problem employee.

The Department of Labor trifecta is now complete with new joint-employer rules coming soon

April 3, 2019 | by Eric B. Meyer

TheBluZebra [CC BY-SA 3.0], via Wikimedia Commons

The last thirty days have been hecka-busy at the U.S. Department of Labor. Continue reading