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Articles Posted in Disability

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A federal judge made it really dang hard to prove medical marijuana discrimination

CommunistSquared, CC0, via Wikimedia Commons Greetings from Seattle. Before I begin my day of **checks notes** culture and refinement, I figured I’d blog first about this recent opinion from a federal court in Pennsylvania. It involves an individual — let’s just call him “Plaintiff” — who claimed that his former…

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What a 🥴 private school in Florida can teach us about COVID-19 medical accommodations

Image Credit: Google Street View While warming up benching 315 lbs. at the gym yesterday, I listened to The Howard Stern Show. And I heard Howard talking about a private school in Florida that — get this — will force students to stay home for 30 days after every COVID-19…

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The EEOC updated its COVID-19 vaccination guidance for employers

By U.S. Government – Extracted from PDF file here, Public Domain, Link Without any fanfare or press release (sigh), the U.S. Equal Employment Opportunity Commission updated its list of frequently asked questions entitled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” The…

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For the love of Zihuatanejo, please let your employees use the restroom when they need it.

daveynin from United States, CC BY 2.0, via Wikimedia Commons Do you remember that scene in The Shawshank Redemption where Morgan Freeman’s character ‘Red’ is working the checkout line at a local grocery store? After he finishes bagging someone’s items, he looks over at his manager and says, “Restroom break,…

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Your business may not be in the clear yet from those early-pandemic discrimination claims

The original uploader was Bando26 at English Wikipedia., CC BY-SA 3.0, via Wikimedia Commons I’ve got good news and bad news. There’s good news if you’re still clutching your pearls over some employee suing for failing to accommodate his disability around the start of the pandemic in 2020. If the…

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Eric, please elaborate on the EEOC’s new take on long COVID as a disability.

Image by Viktor Ivanchenko from Pixabay Since you asked, sure. If you hung in there with me through the end of yesterday’s post about the U.S. Equal Employment Opportunity Commission’s first Americans with Disabilities Act – COVID-19 lawsuit, I casually mentioned that for the first time, the EEOC recognizes that…

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While OSHA develops a vaccine mandate, the EEOC is now filing COVID-related lawsuits against employers.

E-A-G-L-E-S EAGLES!!! (And how ’bout ‘dem Cowboys!) The U.S Equal Employment Opportunity Commission has said that when an employer permits employees to telework to slow or stop the spread of COVID-19, the employer has not committed itself to automatically granting telework as a reasonable accommodation to every employee with a…

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How does one major airline plan to accommodate religious vaccine exemptions? With unpaid leave.

Image by TheDigitalWay from Pixabay Several news outlets reported yesterday that a major airline that has already mandated employee vaccinations will begin placing employees on temporary unpaid leave if approved for a religious vaccine exemption. You can read more on the story here, here, and here. According to the CNBC…

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First, some anti-maskers sued a store over its mandate. Now, they are losing discovery disputes and getting sanctioned.

Image by Viktor Ivanchenko from Pixabay Like many of you, news of the untimely death of Michael K. Williams shook me. RIP. I thought more about Mr. Williams yesterday as I read two reports and recommendations from a Discovery Special Master assigned to a COVID-19 face mask case. Specifically, I…