This may not be Magic vs. Bird or Biggie vs. Tupac. Those battles are too close to call. But, if I were to ask you which side of the country, east coast or west coast, would offer greater judicial support for the employment rights of medicinal-marijuana cardholders, you’d say west…
Articles Posted in Disability
Hey D-Man! Enjoy every bit of that ice cream birthday pie!
I adored Jon Hyman’s ADA blog post yesterday. So much so that it even began to thaw my icy-cold management-side employment-lawyer heart. Now, if you’ll excuse me, I need to hire slow and fire fast to get my mojo back.
I’ll hang out for a bit while you grab the maximum-leave policy in your employee handbook
Don’t have one? Good. You can skip today’s post. As for the rest of you, say a silent prayer to whatever higher power you believe in, email me a thank you, and read on… Yesterday, some of my buddies and I delivered the second of two continuing legal education sessions…
Yes, litigators must come to the office and go to court, says federal appellate court
Bad news for all you coffee-shop lawyers out there. ***ducks lightning bolt*** About a year ago, I blogged here about a litigation attorney with the State of Louisiana. She has a “disability” under the Americans with Disabilities Act. On account of her illness, the U.S. Department of Justice accommodated the litigator by allowing…
ADA Pro Tip: Don’t order an employee to flush her meds down the toilet
That is stupider than stupid stupid. It’s also a central allegation in this complaint that the U.S. Equal Employment Opportunity filed in a Georgia federal court last week. Here’s more from the press release: Hester Foods, Inc., the operator of a Kentucky Fried Chicken restaurant franchise in Dublin, Ga., violated federal law…
The 6 Ways “Covfefe” Can Improve HR Compliance
It all began last week with a (possible) typographical error in a tweet from our 45th President, “Despite the constant negative press covfefe.” At first, President Trump’s tweet confused us; “covfefe” even stumped a spelling bee champ while creating a spike in demand for novelty license plates. But then President Trump doubled down on Twitter, “Who…
I don’t recall the ADA saying anything about reasonable-er accommodations.
Hopefully, I didn’t miss something. (Oh, so you’re saying that, maybe, “reasonable-er” isn’t a word.) Well, I do have a point here. Somewhere. Ask and ye shall receive. In Preston v. Great Lakes Specialty Finance, Inc. (opinion here), Plaintiff suffered from a disability that caused him to have heightened sensory sensitivities…
FMLA & ADA: Two peas in a pod
I love my readers. Like my youngest daughter with a pile of peas, my readers devour HR-compliance wonk and nuance. For example, last week I ran a post called, “Someone who doesn’t know that they have a serious health condition can still get FMLA, you guys.” That post was about…
Pay attention HR! Transgender employees may have ADA (disability) rights too.
My decision to sit at the computer and begin blogging at 10:48 PM on a Sunday has backfired on me, for sure. This will teach me to go out for a few drinks after my kid’s soccer game. That is, on Friday before I left work I read this headline, “Transgender…
A trucking company agrees to pay $65K, because it didn’t hire an amputee to drive its trucks
Yep, we’re gonna continue yesterday’s discussion of how stereotyping and false assumptions can create yuuuuuuge Americans with Disabilities Act problems for employers. Last week, the EEOC announced (here) that a Texas trucking company agreed to pay $65,000 to settle a disability discrimination lawsuit. But, not just any ADA lawsuit. This one involved…