Historically, federal courts have determined that the Americans with Disabilities Act does not protect individuals with disabilities with valid medical marijuana prescriptions who lose their jobs for testing positive. But, in 2024, most states have recognized the medical benefits of cannabis and have legalized it for medical use by their…
Earlier in the week, I shared four ways to BOTCH a sexual harassment investigation. My “muse” was an Employee Relations Department that caught the attention of the EEOC for its alleged poor handling of an employee’s complaints of sexual harassment. But I appreciate a good comeback story, don’t you? And…
This sounds like something that might interest the U.S. Equal Employment Opportunity Commission. Oh, wait. Would you look at this EEOC press release? It seems her employer may have engaged in age and disability discrimination. Let’s see why the EEOC believes this: (I mean, other than “duh!”) According to the lawsuit, the…
Hopefully, your business never has to address a situation where an employee is suffering from progressive memory loss and cognitive decline. But, suppose one of your employees informs you that they have early-onset Alzheimer’s disease. How should the company respond? Last night, I read a court opinion involving this fact…
Before discussing the jury verdict, I’ll tell you a little about how we got here. Let’s go back to New Year’s Eve 2020 when the U.S. Equal Employment Opportunity Commission announced (here) that it had sued a distribution company for violating the Americans with Disabilities Act by refusing to interview…
Last night, I went shopping on Amazon for a new stool. At $48.90, this one came recommended as excellent value for money. And I almost bought it. But then the stool snob in me made me want to splash some of that blogging cash, $6,837.02, to be precise. And Voilà!…
I won’t bury the lede, which I’ll quote from the Fourth Circuit decision I read last night. The [Americans with Disabilities Act] requires reasonableness, not perfection. Reasonableness does not demand that an accommodation have an airtight solution to every contingency conceivable. Its dictates are tethered to the practical realities of…
You’re not a doctor. (Unless you’re a doctor.) So don’t act like one when deciding which of your employees may be a direct threat to others at work. (Unless you like defending Americans with Disabilities Act claims). Here’s an example. Last week, the U.S. Equal Employment Opportunity Commission announced (here)…
The Americans with Disabilities Act requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment. However, the ADA does not require an employer to assist a person without a disability due to that person’s association with someone with a disability. Still,…
Federal anti-discrimination laws, such as the Americans with Disabilities Act and the Rehabilitation Act, help ensure that individuals with disabilities have the same rights and opportunities at work as everyone else. Both laws require employers to provide individuals with disabilities with reasonable accommodations if needed to perform the essential functions…