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…
Image Credit: YouTube.com You know that Seinfeld episode. The one where George gets a customized office desk for taking naps during the day? I love that episode. My favorite part is when “George Steinbrenner” calls in the bomb squad (after Jerry calls in a bomb threat) only to discover George’s …
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 &…
Image Credit: Pixabay.com (https://pixabay.com/en/fish-hook-symbol-silhouette-icon-304097/) On a clickbait scale of 1-10, maybe a 9. First, I must apologize for something other than the clickbait; specifically, yesterday’s cop-out. I had 800 words typed on a recent case in which a federal court denied a defendants’ motion to compel arbitration. It was a great juxtaposition **…
By Soberconnections [CC BY-SA 4.0], from Wikimedia CommonsFolks, I’m warning you, this is a tough one. The ADA, illegal drugs, legal drugs. Under the Americans with Disabilities Act, an employer must provide a reasonable accommodation (if available) to a qualified individual with a disability upon request if doing so will…
Image Credit: Pixabay.com (https://pixabay.com/en/women-men-people-human-gender-149577/) When you think about lawsuits involving transgender employees and issues of gender identity, most assume that those claims would be asserted as sex discrimination claims. Often, those cases involve allegations of sex stereotyping. Except, about this time last year, I had a post entitled, “Pay…
Image Credit: Pixabay.com (https://pixabay.com/en/megaphone-speaker-speakers-speak-3272636/) Here are the important announcements: First, if you subscribe to this blog to receive daily emails, you must update your subscription preferences. You may have heard about the new General Data Protection Regulation (“GDPR”), that comes into effect May 25, 2018. To help comply with GDPR…