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Articles Posted in Disability

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“An employee who has suffered a heart attack has enough to deal with without having to face unlawful discrimination and unemployment.”

Image by InspiredImages from Pixabay Continuing yesterday’s HR Compliance 101 theme, I revisited the EEOC Newsroom and found a recent release that addresses some considerations for when you have an employee that needs leave from work to treat for an illness. Today’s lesson is a pragmatic and compassionate approach to…

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Alcoholism and the ADA: Is it a disability? If so, how do you accommodate? And what are the limits?

TrafficJan82 [Public domain], via Wikimedia CommonsOh, I thought you had the answers. Fine, I’ll teach the class today. Could alcoholism be a disability under the Americans with Disabilities Act? Yes, alcoholism can be a disability under the Americans with Disabilities Act. The EEOC notes here that the ADA may protect…

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#Nextchat: My Employees Can Miss How Much Work?! Managing the Challenges of Leave Under the FMLA and ADA #SHRM19

Image Credit: SHRM.org Last night, after the big Sixers win over the Raptors, I checked out the EEOC Newsroom to hunt for blog fodder for today. That’s when I noticed that four of the five most recent EEOC press releases addressed claims of disability discrimination under the Americans with Disabilities…

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The readers have three follow-up ADA questions about job applications. Let’s answer them.

Request Leave Coolie Writing Tool Pen Application (https://www.maxpixel.net/Request-Leave-Coolie-Writing-Tool-Pen-Application-1915347) On Wednesday, I blogged, “If your job applications look anything like this, well, damn, you’ve got some ADA problems.” “This” was a medical questionnaire that inquired about certain medical conditions, whether the employee had an impairment or disability, and whether the employee…

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If your job applications look anything like this, well, damn, you’ve got some ADA problems.

Request Leave Coolie Writing Tool Pen Application (https://www.maxpixel.net/Request-Leave-Coolie-Writing-Tool-Pen-Application-1915347) I remember once I had a colleague asked me to review an addendum to a job application for a client to make sure it was all good and legal. It wasn’t. There were four questions on the addendum: Do you have a…

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Does an employee have an ADA ‘disability’ if it substantially limits the major life activity of ‘working’?

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…

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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…

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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…

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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. …