A few months ago, I was waxing poetic about plutonium, how to establish essential job functions, and quality-testing diet scrapple. What got into me? Now, I’ve got a cautionary tale, in the form of a recent federal court opinion, to help you good folks navigate away from some of the…
Articles Posted in Disability
No, not even the ADA requires accommodating an alcoholic’s DUI-related incarceration
By Versageek (Own work) [CC BY-SA 3.0 (http://creativecommons.org/licenses/by-sa/3.0) or GFDL (http://www.gnu.org/copyleft/fdl.html)], via Wikimedia CommonsAlcoholism can be a disability under the Americans with Disabilities Act. The EEOC notes here that the ADA may protect a “qualified” alcoholic who can meet the definition of “disability.” What is a “qualified” alcoholic? Someone who can perform…
2d Cir: Pharmacists must inject customers. Oh, word?
No, the Second Circuit Court of Appeals didn’t say, “Oh, word?” But, it did just toss a $2,600,000 jury award in favor of a pharmacist in an Americans With Disabilities Act case. From $2.6M to zero That’s zero point zero. In Stevens v. Rite Aid Corp. (opinion here), a pharmacist…
Doggone it! When an employee is allergic to a coworker’s service animal.
Who knew? I received a lot of feedback on last week’s post. That was the one about an EEOC lawsuit alleging that a company violated the Americans with Disabilities Act when it allegedly failed to accommodate a disabled employee’s request to use a service dog. Among the reader feedback was a question about…
Yo, dawg! EEOC sues employer over not letting trucker use his service animal for work
But, will the EEOC’s bark be louder than its bite? I’ll discuss service animals and Americans with Disabilities Act accommodations after the jump… Let’s cue up the music, while you read from the EEOC’s press release about this new Americans with Disabilities Act lawsuit: According to the EEOC’s lawsuit, Leon Laferriere applied for…
How about we connect at the SHRM Employment Law & Legislative Conference?
Are you headed to Washington, DC for SHRM’s 2017 Employment Law and Legislative Conference on March 13-15? I’d love to meet up with you. Well, unless you’re really creepy. Forget about trying to grab me after my ADA/FMLA session. You’ll be one of dozens of HR professionals sprinting to the front of…
110,000 reasons to remember that the ADA’s duty to accommodate starts before saying, “You’re hired.”
Here’s a snippet from a recent EEOC press release: The [Americans with Disabilities Act] protects employees from discrimination based on their disabilities and requires employers to make reasonable accommodations to employees’ and applicants’ disabilities as long as it does not pose an undue hardship. That’s employees and applicants. And, that’s important.…
A broken arm can be an ADA disability too?!?
Welcome to Jungle, baby. (Best $24 I’ve ever spent. Probably.) Yesterday, I foreshadowed a blog post about actual legal stuff. Employment-legal stuff, even. ***lighters up*** These five words I swear to you. [cue music] The “D” in ADA. Today, I’m going to talk about the Americans with Disabilities Act. Since…
Wherein, I marvel at the majesty of #F8. And something about the Americans with Disabilities Act too.
With over 24 hours to marinate, I think back on Super Bowl LI and I’m still amazed. I mean, how good does The Fate of the Furious look! Pretty sure there was a submarine chasing an orange Lamborghini on a frozen tundra! Yeah, now I know what Charlie Sheen truly meant by…
Appellate court to ADA plaintiff: “A blind person cannot be an airline pilot…”
Continuing with yesterday’s theme of appellate courts peeing on the Cheerios of plaintiffs in failure-to-accommodate cases… Wait, can I say that? ***Checks blogging scriptures*** ***burps*** Yep. Dealing with employees who stress out about work. Yesterday, I blogged here about how President Trump’s U.S. Supreme Court nominee has zero damns to give…