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Articles Posted in Disability

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If you’re new to HR, check out this new EEOC pregnancy and pregnancy-related disability discrimination resource

Credit: Office of Commissioner Andrea R. Lucas Late last week, as I enjoyed the FisherBroyles partner retreat (responsibly-ish) in Nashville, the U.S. Equal Employment Opportunity Commission released a new resource on pregnancy discrimination. Spoiler alert: The Dallas Cowboys won’t make the playoffs this season resource doesn’t contain any game-changing new…

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Warning: This post will be like nerd porn for statutory construction geeks. The rest of you may glaze over.

I read a recent Sixth Circuit decision. A physician group fired the plaintiff, a nurse, months after she suffered an accident. The group’s subsequent bankruptcy impeded the plaintiff’s efforts to hold it liable for employment discrimination under the Americans with Disabilities Act of 1990 (ADA). Did that stop her from…

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Crikey! Can an employee bring an emotional support alligator to work? 🐊

The local and national news outlets were buzzing yesterday about a family toting around a five-foot reptile in Philadelphia’s Love Park last week. Meet Wally, the Emotional Support Alligator. Imagine encountering this beast on your afternoon stroll out with the family. This report from the Philly Voice included reactions from some…

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The first federal appellate court has recognized gender dysphoria as an ADA disability

A transgender woman with gender dysphoria spent six months incarcerated in an adult detention center. Prison deputies initially assigned her to women’s housing. But, after they learned that she was transgender, they quickly moved her to men’s housing. It was a nightmare. In men’s housing, the transgender woman (who I’ll…

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How long do your employees have to sue you for discrimination?

Perhaps you’ve gotten here because you’ve Googled ‘How long do I have to sue my employer for discrimination?” Either way, let’s discuss. I read this federal court decision last night, the inspiration for this post. It’s an action for age discrimination under the Age Discrimination in Employment Act (ADEA) and…

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Did disability bias motivate HR to fire an employee for sleepwalking into a colleague’s hotel bed?

Imagine getting the call sometime past midnight at an out-of-town national sales conference that you need to immediately investigate a complaint from an employee who says that his female co-worker has sleepwalked into a bed in his hotel room. That wasn’t on the SHRM-CP exam. Then again, no one forced…

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How to fire an employee right after his FMLA expires . . . and win the retaliation lawsuit.

Hey, don’t judge me. You’re just as heartless reading this as I am writing it. The Family and Medical Leave Act gives eligible employees the right to take twelve weeks of job leave because of a serious health condition.” When his leave ends, an employer must reinstate an employee to…

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By the time she made it to court, her discrimination and retaliation claims were D.O.A.

An individual who wants to bring federal disability discrimination and retaliation claims against an employer can’t just go right to court. No, courts would choke with employment lawsuits. Instead, she must first exhaust her administrative remedies at the U.S. Equal Employment Opportunity Commission by filing a charge of discrimination. But…

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EEOC: Slow your roll before administering COVID-19 tests at work

On Tuesday, the U.S. Equal Employment Opportunity Commission updated its COVID-19 guidance. I went ahead and redlined the changes for you. But the EEOC wants to call your attention specifically to the updated circumstances under which employers may test employers for COVID-19 at work: EEOC’s assessment at the outset of…

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The ADA cheat sheet for accommodating disabilities of seasonal employees and interns

The muse for today’s post is whoever drafts the press releases for the U.S. Equal Employment Opportunity Commission. Last night, I read this one about a $70,000 settlement that the EEOC reached with a Colorado employer to resolve a lawsuit filed under the Americans with Disabilities Act. The EEOC alleged…