Image Credit: PublicDomainPictures.net (https://www.publicdomainpictures.net/en/view-image.php?image=80073&picture=wait-what-blocky-text) Remember the employer that got socked with a six-figure jury award when it refused to allow a cashier to consume two bottles of orange juice from the store’s refrigerator to avoid slipping into diabetic shock? Welp, that employer apparently has not yet mastered the Americans with…
Articles Posted in Disability
Three wins for readers of The Employer Handbook
Image Credit: Flickr.com (https://www.flickr.com/photos/keithallison/27388069805) //embedr.flickr.com/assets/client-code.js And it’s only Tuesday! On Thursday at 3 pm ET, I’ll be participating in a free 1-hour webinar with my friends at Wolters Kluwer Legal & Regulatory U.S. This one is a “Roundtable Discussion: Navigating LGBTQ+ Issues in the Workplace.” CLE credit is available. You can register for the event…
Does the ADA protect someone recovering from drug addiction? Yep.
Image Credit (Photo by: | VIRIN: 131224-F-IM476-001.JPG) I’m sorry, dudes. I totally meant to give you a blog post yesterday. I did. But, the night before, which is when I generally compose this drivel, I got distracted. I was preoccupied with a certain MLB playoff game. Specifically, it was the…
Deaf lifeguards, deaf truck drivers, and the dangers of stereotyping an individual with a disability.
Image Credit: Pixabay.com (https://pixabay.com/en/truck-18-wheeler-freight-shipping-309398/) If you’ve been to one of my live Americans with Disability Act HR presentations, you’ve heard talk about a deaf lifeguard. (If you haven’t and want a copy of my presentation, well, all you have to do is ask.) In Keith v. County of Oakland, a…
Eric’s Wild-n-Crazy HR-Compliance Road Show – Coming atcha!
If my wide open collar and disco moves aren’t “gritty” enough for you, well, I can fix that. I can guarantee you this assuming that you recover from the hysterical blindness, I’m told it’s only temporary. We’ll have some fun at these October events. And I’ll teach you a thing or two…
Can you ban your employees from wearing Nike apparel at work?
By Timidonfire [Public domain], from Wikimedia CommonsRecently, Nike unveiled a new ‘Just Do It’ advertising campaign centered around former National Football Leauge quarterback Colin Kaepernick. Here is the first commercial that aired. Controversy. In the 49ers third preseason game of the 2016 season, Mr. Kaepernick did not stand during the…
So, you want to change the essential functions of a particular job, do you? Let’s talk ADA.
Image Credit: Photofunia.com (http://photofunia.com/results/5b90809e846d78530d8b45d5) The Americans with Disabilities Act prohibits an employer from discriminating against a qualified individual with a disability. What is a “qualified individual”? It’s someone who can perform the essential functions of the job with or without a reasonable accommodation? Ok, what’s an “essential job function”? Or…
EEOC: HR didn’t want to set a disabled employee up for failure, so the company fired her instead.
By Gooddeedsday [CC BY-SA 4.0 ], from Wikimedia CommonsDo you know that proverb “no good deed goes unpunished”? This isn’t that situation. “There was no point in continuing the training.” Last week, the EEOC announced that it was suing an employer for disability discrimination after it fired an employee with…
NJ federal court: Employers don’t have to excuse medical marijuana users from taking workplace drug tests
Photo by: | VIRIN: 110402-F-5068D-001.JPG (http://www.514amw.afrc.af.mil/News/Articles/Article/194292/random-drug-test-rates-rise-dramatically/) By any reasonable, objective measure, New Jersey was having a pretty good employee-rights run in 2018 — even by NJ standards. The Diane Allen Equal Pay Act, which took effect earlier this Summer, is the most employee-friendly equal-pay law in the country; In the Fall,…
Bah-gawd, those were two hecka-expensive bottles of orange juice!
By Agricultural Research Service ([1]) [Public domain or Public domain], via Wikimedia CommonsThree strikes and you’re out. For one variety store chain accused of failing to accommodate and then firing a diabetic cashier who had to take a few bottles of orange juice from the store refrigerator to avoid seizing…