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Articles Posted in Disability

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Yes, your business can make all customers wear face coverings. Even folks that claim that they can’t.

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…

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Yes, the Americans with Disabilities Act still applies during an employee’s initial “probationary period.”

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…

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Supreme Court nominee Amy Coney Barrett on the ADA. Plus, Bill Murray’s attorney responds to that cease and desist 👀

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…

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No, the Americans with Disabilities Act does not require accommodating CBD use

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…

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I’m ***checks notes*** supporting a member of the Dallas Cowboys??? Yep.

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.…

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VLOG time! The EEOC dropped some new-ish COVID-19 guidance for employers.

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…

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Here is a page from the COVID-19 ADA accommodation playbook

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…

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An indefinite leave of absence may be an ADA reasonable accommodation. Wait, WHAT?!?

Image by ErikaWittlieb from Pixabay As employment lawyers, we counsel clients that there is no one-size-fits-all approach to requests for reasonable accommodation under the Americans with Disabilities Act. Indeed, they are very fact-specific. Although, there is one fundamental immutable truth; namely, a request for an indefinite leave of absence is…

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It’s a mini COVID-19 Q and A! (Before I see y’all on Zoom today at Noon EDT.)

Marcin Wichary / CC BY Before we see what’s in the mailbag, here’s your final reminder to register (here) for today’s free Zoom session at Noon EDT today with me and some of my friends from the EEOC. We’re going to be talking mediation, pro-tips, and the new pilot program.…

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Must you consider transferring a problem employee before lumping him in a COVID-19 reduction in force?

Bjornsphoto / CC BY I’m reminded of the Mötley Crüe hit Same ‘Ol Situation (S.O.S.). The actual lyrics have nothing to do with employment law — sexual harassment, maybe? — but I digress… The song title carries a little HR lesson today; namely, just because your company is going through…