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.…
Articles Posted in Disability
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…
I wonder how Trump’s nominee, Neil Gorsuch, might decide a SCOTUS leave-accommodation ADA case.
I hear many of you are dying for my hot take on how Tenth Circuit Judge Neil M. Gorsuch may shape employment law as a member of the U.S. Supreme Court. Then again, those could be the voices in my head. ***Q-tips*** Ah, that’s better. Where was I? Oh yes, happy…
Go ahead and bookmark this post for top FMLA cases of 2017
The Third Circuit Court of Appeals has issued its first precedential decision confirming that the honest-belief doctrine defeats a retaliation claim under the Family and Medical Leave Act. In plain English, the court in Capps v. Mondelez Global, LLC concluded that an employer can fire an employee whom it truly believes…
Sowing plutonium from diet scrapple — just twice a year — can be an ADA essential function.
When it comes to working for me as a blog minion, I don’t have many rules. Actually, I do have many rules. My blog minion job description is longer than a double roll of Charmin. Indeed, using a micro-tipped rollerball pen, my job description is caligrophied on two-ply and wrapped…
Can you require an employee to take an HIV test?
The answer to this question, because I’m a lawyer, is “it depends.” Naturally, of course. Well, what does it depend on? Ok. Under the Americans with Disabilities Act, an employer cannot require a medical examination and cannot ask about whether someone has a disability (or about the nature and severity of the…
A little holiday present for my readers
Blogger Claus — that’s me, I’m the non-denominational, workplace-friendly Blogger Claus — wants to reward his good readers with some holiday cheer. (The bad readers get two EEOC Charges and will be fed to Krampus). So, here’s what I have. It’s your choice of any one of the following (as…
The EEOC hooks you up with a new ADA resource on mental health conditions
I know y’all are waiting with baited breath — wait, hold do you bait breath? Like a putting a worm on a fishing line or something? ***Googles*** Right, as I was saying, I know y’all are waiting with bated breath for me to publish all of those reader-submitted holiday-party “yowzas”…