Image by Tumisu from Pixabay Oh, I was just asking. I thought you knew. Ok, let’s start over. Since I did read this opinion and, apparently, it’s my job to do the ‘splaining around here. Just don’t accuse me of blog-splaining. Anyway, according to the plaintiff, an employee of a…
Image by Shafin Al Asad Protic from Pixabay According to a recent SHRM survey, most companies will encourage employees to get the COVID-19 vaccine — but not require it. Many employers, like this one, may even incentivize employees to get the vaccine by offering them money or extra PTO days…
JMacPherson from Calgary, Canada, CC BY 2.0, via Wikimedia Commons I won’t judge you if you don’t judge me. 🤐 Although I won’t provide drinks for everyone, I will be serving up knowledge – ba dum bum – today at noon eastern on Zoom for the final 2020 edition of…
Image by OpenClipart-Vectors from Pixabay Approximately 6 hours and 37 minutes after my blog post yesterday about “Preparing for Exceptions To Your Business’s COVID-19 Vaccine Program” went live, I received an email from the U.S. Equal Employment Opportunity Commission. It read something like this: Dear Passive-Aggressive Employment Law Blogger: We…
Image by Shafin Al Asad Protic from Pixabay I was in The Zone yesterday. Late in the afternoon, a reader emailed me to see if I had posted an article addressing “what if” an employee refuses to receive the vaccine should your business choose to require it? Well, it just…
Image by Erin Stone from Pixabay The Americans with Disabilities Act requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, except when such accommodation would cause an undue hardship. In the history of ADA, I don’t know of any court…
Image by Shonda Ranson from Pixabay Late last week, the EEOC revised and released three publications that discuss how the Americans with Disabilities Act (ADA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA) apply to veteran employees and those who employ them. The revised publications are: EEOC Efforts…
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…