Are you prepared to address drug- and alcohol-related disabilities and leave issues under the FMLA and ADA? At some time in their lives, millions of Americans have abused drugs and alcohol. While many are in recovery, others continue their struggle. Inevitably, your workforce will feel the impact. Join this new…
Articles Posted in Disability
Yes, we get it already. Permanent light duty is not an ADA reasonable accommodation.
The Americans with Disabilities Act requires an employer to provide a reasonable accommodation to an employee with a disability, when doing so will permit that employee to perform the essential functions of the job. Examples of reasonable accommodations include reassigning non-essential job functions to other employees, a transfer to another open…
Join me for a free webinar on 8/24: “How to Navigate Alcoholism and Substance Abuse under the FMLA/ADA”
Are you prepared to address drug- and alcohol-related disabilities and leave issues under the FMLA and ADA? At some time in their lives, millions of Americans have abused drugs and alcohol. While many are in recovery, others continue their struggle. Inevitably, your workforce will feel the impact. Join this new…
What ADA protections exist for mental health episodes at work? Not many. Maybe none.
My skin crawls thinking about the Google search terms that will land some HR professionals on this post, which involves a failed suicide attempt. Hopefully, this is not a practice tip upon which you’ll need to draw in the course of your HR career. But, just in case… In a recent…
Remember that flatulence-cum-discrimination claim from last year? Well, it stinks too.
Look, cut me some slack here. It’s 1:45 AM local time in New Orleans. This is my fourth major city in less than a week, having just arrived in town from San Francisco, where I spoke with EEOC General Counsel David Lopez on LGBT workplace rights at the EEOC EXCEL…
A jury will hear the ADA claim of a diabetic cashier, fired for drinking life-saving juice from a store refrigerator
I imagine that this juice won’t be worth the squeeze. A couple years ago, I blogged here about a case in which a national drug store store fired a diabetic cashier for violating its “grazing” policy. That is, she opened a $1.39 bag of chips, without having paid for it first. However,…
These sample employer-wellness program notices will make you the envy of all your HR friends
Want to sit at the cool table next week at SHRM16? Well, I’ll be there. So, if you’d like the secret password or just want to meet a real blogging-employment-lawyer legend in person, email me. (Yes, I’ll have some swag). Or, head over the EEOC’s website, print out this Sample ADA Notice for your…
EEOC has some new pregnancy discrimination resources to feed your HR brain
Head on over to the EEOC’s website (here) to check out: Legal Rights for Pregnant Workers under Federal Law; and Helping Patients Deal with Pregnancy-Related Conditions and Restrictions at Work For an expert like me – -an employment lawyer with four young kids — this stuff is like tying my…
HR 101: The Americans with Disabilities Act and the importance of good job descriptions
Since all of you have mastered reasonable accommodations under the Americans with Disabilities Act, this post seems rather unnecessary. Oh, that’s weird. Why is the there smoke billowing from my blog servers? (Although that could still be there from last Friday). Qualified Individuals and Essential Job Functions. Under the Americans with Disabilities…
30,000 reasons to review your job applications now for unlawful questions
There is a growing trend across the country for employers to remove job-application questions about criminal-record history. Ban the Box notwithstanding, other common job application no-no’s continue to trip up certain employers. For example, last week, the EEOC announced (here) that it had settled a discrimination complaint filed under the…