Well, if you count The Employer Handbook itself, which email gods magically deliver to blog subscriber email inboxes every weekday following weeknights where I haven’t had too many blog-inhibiting adult beverages, I’ve got three freebies today. To remedy that, you must promise to pay me $100 if you keep reading…
Articles Posted in Disability
Rarely-performed duties can still be essential ones under the ADA
I have another HR tip related to yesterday’s blog post and accommodating employees under the Americans with Disabilities Act and what counts as an essential job function. Generally, the essential functions of the job are the ones that employees perform the most. However, there are situations where rarely-performed tasks can…
Does the ADA force employers to allow employees with medical restrictions to overrule their doctors?
If you’re in Human Resources, you’ve probably dealt with this issue before. An employee with a disability submits a doctor’s note expressly instructing the employee to avoid performing certain essential functions of their job. But the employee tells you that they can do those tasks anyway, if truly necessary. Does the Americans…
Should an employer have provided a disabled employee with a “spitting” accommodation? A jury thought so.
This has been an interesting start to the week at The Employer Handbook, from six-year-olds slinging racial epithets to expectorating employees. But I’m here for it. And I’m glad that you are too. I’ve fielded my share of unusual disability accommodation requests. But allowing an employee with a condition caused…
Is leave with just an “expected” return to work date still considered an ADA reasonable accommodation?
This situation comes up fairly often. An employee with a disability can’t perform their job, and needs leave to recover and return to work. We know that indefinite leave is not a reasonable accommodation. But what about taking leave with only an “expected” return to work date? Is that too…
Last chance to snag a free seat to today’s Zoom at Noon ET on leave rights and accommodations
If you’ve procrastinated all week, you still have a few hours to register for this week’s edition of The Employer Handbook Zoom Office Happy Hour, which returns today, October 28, 2022. We’re discussing leave rights and accommodations in hybrid and fully-remote workplaces. Click here (https://bit.ly/HybridRemoteAccommodations) to register. We lucked out with my…
Join me on Zoom on October 28 at noon ET for leave rights and accommodations in hybrid and remote workplaces. It’s FREE!
I’m unsure if we can top this past Friday’s edition of The Employer Handbook Zoom Office Happy Hour. My FisherBroyles partners, Justin Nahama and Amy Epstein Gluck, were fountains of insight and warmth on how companies can improve employee wellbeing. You can watch the replay here on The Employer Handbook YouTube Channel…
Join me on Zoom on October 21 at noon ET as we discuss your employees’ mental health and wellness. It’s FREE!
Oooooh…this one is going to be really good! There’s usually a certain formula when I invite other attorneys to join me to chat on The Employer Handbook Zoom Office Happy Hour. We pick an employment law topic, dissect it for an hour, and sprinkle in some audience Q&A. For example,…
In at least one court, employees don’t need doctors to establish ADA disabilities
How broad is the Americans with Disabilities Act‘s definition of “disability”? It’s so broad, concluded the Eleventh Circuit Court of Appeals in this recent decision, that an employee can show that he is disabled based on his say-so. The plaintiff was the Chief Electrical Inspector of a municipality. In October 2014,…
Is a request to transfer away from a supervisor antagonist a reasonable accommodation?
Imagine a situation that, well, won’t be too hard to imagine. One of your employees gets a new supervisor, and things don’t seem to be working out. The employee complains that the new supervisor scheduled her to work the closing shift even though it conflicted with her ability to provide…