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Articles Posted in Disability

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Could an unhealthy Snapchat selfie addiction spiral into an ADA workplace disability?

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…

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Fact or Fiction: The ADA requires accommodating an employee to care for a relative with a 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.” Here’s the fact pattern with which we will work today. You hire someone new for a…

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So, how many of you think that your HR Generalists need to come to work all the time? Read this post.

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…

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She couldn’t workout at her preferred time, so she quit her job. And sued.

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…

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What do you do when you learn that an employee is a recovering opioid addict? What don’t you do?

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…

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Before you deny an employee’s request for more extended leave after FMLA expires, read this.

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…

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If I hire you to shovel snow in hell, when hell eventually freezes over, you’d better shovel!

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…

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And here are 3.5 million more reasons not to enforce a 100%-healed ADA policy

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…

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HR lessons from Roseanne Barr’s racist tweet and ABC’s immediate cancellation of her show

Image Credit: Maxpixel.net (https://www.maxpixel.net/Check-Envelope-Yes-No-Cross-Ankreuzen-Maybe-3413145) On the same day that Starbucks closed more than 8,000 stores to train its employees on implicit bias (full curriculum here), an outspoken Hollywood celebrity stole the headlines with an explicitly-racist tweet. One tweet, no more show. Yesterday, Roseanne Barr wrote on Twitter if the “muslim brotherhood &…