Image Credit: Pexels.com (https://www.pexels.com/photo/working-in-a-group-6224/) Ever since the amendments to the Americans with Disability Act took effect in 2009, management-side employment lawyers have preached to clients that they should focus more on accommodating a disability rather than whether an employee has a disability in the first place. But, what if you…
Articles Posted in Disability
285,000 reasons that your company president shouldn’t ridicule an employee with a disability. Especially not in email.
Lorimar Productions/NBC [Public domain], via Wikimedia CommonsIn 1976, Sally Field played Sybil in the eponymous TV movie. Sybil was a teacher who suffered a breakdown in front of her students, only to be diagnosed with dissociative identity disorder. Throughout the movie, Sybil exhibits multiple personalities — 16 in all. Some…
Looks can be deceiving. Morbid obesity isn’t necessarily a disability.
Image Credit: Photofunia.com (http://photofunia.com/results/5ca8a63b846d788d968b457e) (What a strange thing to write on a window.) Even in New Jersey, where employment law is ‘Mister Rogers’ friendly to employees. It was not a beautiful day in the neighborhood. In Mister Rogers’s Land of Make Believe there was an electric trolley that no one…
Another New Jersey court weighs in on MedMar accommodations…and it’s WILD!
Image Credit: Pixabay (https://pixabay.com/en/marijuana-scales-legalization-drugs-2754249/) The case is called Wild v. Carriage Funeral Holdings, Inc. So, yeah, it’s “Wild.” And so as not to bury the lede, the court concluded that the plaintiff, a medical marijuana user, could pursue discrimination claims under the New Jersey Law Against Discrimination (the LAD) against his employer. …
Fact or Fiction: Can an employee pursue a hostile work environment claim based on his disability?
Image Credit: Pixabay.com (https://pixabay.com/en/question-mark-note-duplicate-457454/) That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.” It’s your fault that this post is so short. Remember, earlier this week when I asked…
EEOC: A company that helps people with disabilities violated the Americans with Disabilities Act.
Ironic Humor Rock Irony Nothing Is Written In Stone (https://www.maxpixel.net/Ironic-Humor-Rock-Irony-Nothing-Is-Written-In-Stone-527756) Isn’t it ironic? Don’t you think? Yesterday, I read (here) about a lawsuit that the U.S. Equal Employment Opportunity Commission filed against a non-profit. That non-profit company provides job opportunities to people with disabilities. The EEOC alleges that the non-profit…
A pharmacist claims that his employer should have accommodated his fear of needles. And he may be right.
Image Credit: Pixabay.com (https://pixabay.com/photos/syringe-medical-finger-957260/) Over the weekend, I read a recent federal appellate court opinion about a pharmacist who alleged that his former employer discriminated against him by failing to accommodate his fear of needles. The Americans with Disabilities Act (and similar state laws) require that an employer reasonably accommodate…
This parking company may have assumed that a deaf applicant wasn’t right for a valet job. But, what happens when you assume? 🤔
Image Credit: Pixabay.com (https://pixabay.com/vectors/attendant-car-parking-service-148647/) Imagine that you operate a valet parking service at a large hotel and you’re looking to hire a parking attendant. Your 10 am interview arrives. You say, “good morning.” He responds in sign language. He’s deaf. A deaf parking attendant?!? What do you do? What if he wants…
Another court greenlights discrimination claims for a medical marijuana user fired for failing a drug test
By xrmap flag collection – Based on image from xrmap flag collection 2.7, colors from image at World Flag Database, Public Domain, Link In the United States, medical marijuana use is legal in 33 states and the District of Columbia. However, the laws governing the use of medical marijuana vary…
EEOC hauls in over $5M from two employers accused of pregnancy discrimination. Here are some ways to keep your money.
Image Credit: Pixabay.com Read on to see how your business can avoid being part of this exclusive club. Two employers; over five million dollars. Last week, the U.S. Equal Employment Opportunity Commission announced (here) that it had recovered $1.75M from a California employer that it had accused of systemic discrimination…