Some jobs just require heavy lifting—literally. And courts aren’t about to tell employers to rewrite essential duties just because someone asks for an exception. TL;DR: An employee recovering from a disability asked to return to his old job, but he couldn’t meet the essential physical demands. The employer…
Articles Posted in Disability
When Your Emails Make the Case… for the Other Side
Flamethrower messages torpedo an ADA claim in this no-nonsense ruling from a federal appellate court. TL;DR: An adjunct professor accused her college of ADA discrimination after it declined to renew her contract. But the Second Circuit quickly dismissed her claims—thanks in no small part to her own emails, which read like…
This ADA Case Is a Checklist of What Not to Do
A machine operator with osteoarthritis tried to return to work with restrictions. Instead, he got terminated. Now his ADA case is headed for trial. TL;DR: A federal court just denied summary judgment in an ADA case involving a machine operator who asked to return from disability leave with light-duty restrictions.…
ADA Claims Aren’t About Perfect Decisions — They’re About Proving Discrimination
When employees allege discrimination under the ADA, it’s their burden to prove bias — not the employer’s burden to defend every business decision. A recent Seventh Circuit case reinforces that when employers apply clear policies consistently, even imperfect decisions won’t amount to discrimination. TL;DR: An employee who failed a random…
The Employer Handbook: Week in Review Podcast (April 21–25, 2025)
Now you can listen to The Employer Handbook—check out this week’s podcast recap! TL;DR: I’ve turned this week’s blog content into a short podcast episode using Google NotebookLM. If you missed a post or want to catch up while multitasking, you can now listen to the highlights on the go.…
The Beer Was Flowing, But the ADA Compliance Seemed Flat
When two bartenders disclosed medical conditions, a New York brewery pulled them from the schedule, according to the EEOC. That’s not how the ADA works. TL;DR: The EEOC recently settled an ADA lawsuit against a New York brewery, which will pay $225,000 to two former employees—one with cancer, the other…
Shoe Me the Reasonable Accommodation!
When a dress code update clashes with an ADA accommodation, the courtroom might be the next stop. TL;DR: A federal court just refused to toss a cocktail server’s disability discrimination lawsuit against a well-known casino and resort. She had a medical condition requiring supportive shoes. The employer approved an accommodation—then…
It wasn’t the cancer. It wasn’t the age. It was the failed business model.
A senior executive with prostate cancer helped land the company’s biggest contract ever and was promoted with a pay raise. Months later, he was fired. He believed his age and health had something to do with it—and brought claims of discrimination. TL;DR: A senior executive with prostate cancer sued after…
Retaliation Risks After Accommodation Requests: Lessons from an ADA Case
Denying a reasonable accommodation request can be risky—particularly if the employer provides little explanation or fails to meaningfully engage in the interactive process. But what’s even riskier? Terminating the employee just a few weeks later. Cue the lawsuit. TL;DR: An associate general counsel at a public university alleged she was fired…
Burned by the ADA: When Legal Weed Gets You Fired
Turns out a medical marijuana card can’t cure everything—especially if what you’ve got is a bad case of ADA expectations. Here’s a lesson in what happens when federal law refuses to roll with the times. TL;DR: A Pennsylvania federal court just held that legally using medical marijuana under state law…