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,…
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…
Image Credit: Pixabay.com (https://pixabay.com/en/snapchat-mobile-phone-social-media-1374859/) A recent American Medical Association study suggests that it could. What is Snapchat? (f/k/a “It’s nice to see you surface from under that rock.”) For those who aren’t familiar with Snapchat, it’s a smartphone app that allows users to share pictures and short movies briefly before…
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.” Here’s the fact pattern with which we will work today. You hire someone new for a…
By Arunkumar Umapathy [CC BY-SA 4.0 ], from Wikimedia CommonsIn yesterday’s post about an Americans with Disabilities Act case, I quipped about how the first paragraph of the Sixth Circuit’s opinion foreshadowed a bad outcome for the plaintiff. Here were are again. Another ADA case. Another Sixth Circuit appeal (Hostettler…
Image Credit: Pixabay.com (https://pixabay.com/en/pen-letters-leave-envelope-2912932/) Imagine arriving at work where, waiting for you, is a letter addressed to you from the Sixth Circuit Court of Appeals. You know that inside that large envelope is a copy of the Sixth Circuit’s opinion in the Americans with Disabilities Act case in which you previously…
Image Credit: Wikipedia (https://en.wikipedia.org/wiki/File:Trileptal_tablets.jpg) CC BY-SA 3.0, Link During this July 4th holiday week, I don’t expect many of you to read this blog. So, thank you to those who do stick around. And, come mid-week, I’ll set off some legal backyard fireworks in your honor. ***Updates shopping list*** And I’ll bring my…
Image Credit: Pixabay.com (https://pixabay.com/en/packs-pile-money-finance-currency-163497/) You know that expression about putting your money where your mouth is? While unsanitary, I’m going to use it to make a point today about demonstrating undue hardship under the Americans with Disabilities Act. On Friday, we discussed essential job functions under the Americans with Disabilities Act. Specifically, we…
By flydime – https://www.flickr.com/photos/flydime/4671890969/, CC BY-SA 2.0, Link Remember that as I share with you a recent Tenth Circuit opinion dealing with essential job functions under the Americans with Disabilities Act. Here are the undisputed facts: The plaintiff-employee worked for the defendant-employer first as a shopping-cart attendant, then as a…
Image Credit: Pixabay.com (https://pixabay.com/en/muscles-strong-man-bodybuilder-2026322/) Now, don’t say that I haven’t warned you. A few years ago, I offered 112,500 ADA reasons not to force an employee to stay home until 100% healed. The following year, I told you to 86 the “100% cured” policy for employees returning from FMLA leave, with a…