By Flickr user Tyler Silvest Wikideas1 (talk) 21:43, 7 November 2016 (UTC) – Here, CC BY 2.0, Link Well, it could. But, will the plaintiff win? That’s a different story. In this case, an employer accommodated an employee with chronic back pain for a long time. How long? Like 22…
Articles Posted in Disability
The top five, juiciest, greatest-ever HR compliance posts that I’ve read in the past 24 hours
Image by PixLoger from Pixabay But, first, I have a confession to make. I only read six posts. Over here at the Ohio Employer Law Blog, Jon Hyman writes about a federal district judge who dismissed a plaintiff’s hostile work environment claim notwithstanding evidence of “daily or near daily” harassment…
Does randomly re-testing employees who earlier test positive for drugs or alcohol violate the ADA?
It’s an interesting theory. And by ‘interesting,’ I mean… Anyway, before I get too snarky, I’ll share with you the facts of this opinion from a federal court in New York that I read recently. The “On Call program” and more random tests. According to the plaintiffs, they were subject to…
It is SO DARN EASY for one of your employees to pursue a discrimination claim. But, here’s the thing…
Photo by Sabine Gausemeier from Pexels How easy is it? Easier than Sunday morning, which is easier than beating the New York Mets on Sunday afternoon. Fired after a DUI. I’m going to tell you about this case where an African-American man with alcoholism, sued his former employer for firing…
40,000 reasons to remember that the duty to accommodate in your workplace begins right away
Image by Clker-Free-Vector-Images from Pixabay They line up around the block. As you can tell from the clipart, they come in all shapes and sizes to apply for assistant positions at The Employer Handbook. For example, in a few months, I’ll be advertising for Fantasy Football Grunt III. His/her essential…
How NOT to handle an employee’s return to work from heart surgery.
Jarould [CC BY-SA 4.0], via Wikimedia CommonsIt’s one thing to ask an employee returning to work from surgery, “How can we help you?” It’s quite another to insist upon work restrictions. The former is caring; the latter may be discrimination based on a perceived disability. Earlier this month, the U.S.…
Here’s a sneak preview of the outtakes from my ADA/FMLA MEGA session at SHRM19 in Las Vegas
Image Credit: PhotoFunia.com (http://photofunia.com/results/5d0b63b54686797e398b4569) FOMO or Fear of Missing Out. According to Google, FOMO is “anxiety that an exciting or interesting event may currently be happening elsewhere, often aroused by posts seen on a social media website.” What I’m about to show you are the slides that were not good…
HR, here’s what you need to know when determining whether your employee’s obesity is an ADA disability.
Image by Mary Pahlke from Pixabay Another court has ‘weighed in’ on whether obesity is a disability under the Americans with Disabilities Act. Hey, who just took revoked my license to blog? A few months ago, back when I still had a blogger license, I wrote here about obesity as…
I come bearing HR-compliance gifts for you today
Image by OpenClipart-Vectors from Pixabay Two of them, actually. Check out this employment law blog. Who Is My Employee? is a blog from employment attorney Todd Lebowitz that explores independent contractor misclassification & joint employment issues. Todd is a partner at Baker & Hostetler in Cleveland, Ohio. Yesterday, he was…
Eminem’s take on federal anti-discrimination administrative exhaustion requirements. Probably.
Mika-photography [CC BY-SA 3.0], via Wikimedia Commons“Look, if you had one shot, one opportunity, to seize everything you ever wanted – one moment. Would you capture it or just let it slip?“ You sippin’ on some of Snoop Dogg’s Gin and Juice again, Eric? No, just some seltzer. But, it’s…