Image Credit: reassign by Ralf Schmitzer from the Noun Project Imagine that you have an employee who becomes disabled and can no longer perform the job’s essential functions. Being the good employer that you are, consistent with the Americans with Disabilities Act, you engage the employee in an interactive dialogue…
Image by Clker-Free-Vector-Images from Pixabay Just about the only folks guaranteed to get paid in an employment discrimination case are the lawyers. Employers generally pay the lawyers representing them by the hour. Conversely, employee-rights attorneys generally representing plaintiffs in these types of cases do so on a contingency basis, meaning…
Alexas_Fotos on Pixabay If I felt a little snarkier, I would have gone with this instead of the confused emoji. No, I’m pretty sure that’s not how the Americans with Disability Act (ADA) works. Under the ADA, it’s just as unlawful to retaliate as it is to discriminate. A plaintiff…
Image by Viktor Ivanchenko from Pixabay A few months ago, I blogged here about a lawsuit filed in a Pennsylvania federal court in which a plaintiff alleged that a grocery store’s inflexible policy of requiring all customers to face coverings — even the ones with documented medical issues — violated…
Image by tigerlily713 from Pixabay While I don’t have a ‘Dallas Cowboys’ — how ’bout dem Cowboys! — level of hatred for probationary periods for new employees, I do not like them. The 90-day probationary-employee language that I see from time to time in employee handbooks is a holdover from…
Rachel Malehorn / CC BY Over the weekend, President Trump nominated Amy Coney Barrett, United States Circuit Judge of the United States Court of Appeals for the Seventh Circuit, to fill the open Supreme Court seat. Since this is an ***check notes*** employment law blog, many of you may be…
Jeoy Pena / CC BY-SA Courts across the country have consistently concluded that the Americans with Disabilities Act does not require an employer to accommodate an employee’s use of medical marijuana — even outside of work — to enable an employee with a disability to perform the essential functions of…
Jeffrey Beall / CC BY Allow me to explain — at least before you call the police and have me hauled off to Philadelphia Eagles prison. 2020 has not been kind to most of us — especially Dak Prescott. Dak Prescott is the starting quarterback for the hapless Dallas Cowboys.…
Connetmiller / CC BY You can either read it here. Or, you can relax with a morning scotch latte and watch me explain it in this latest video from The Employer Handbook YouTube Channel. (Click here to subscribe). Either way, enjoy! P.S. – If you missed yesterday’s blog post about…
By John Dorwin – <span class=”int-own-work” lang=”en”>Own work</span>, Public Domain, Link In its recent COVID-19 Americans with Disabilities Act guidance, the U.S. Equal Employment Opportunity Commission encouraged that employers be flexible in determining accommodations for employees during the pandemic. Some suggestions included temporary job restructuring of marginal job duties, temporary…