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Articles Posted in Disability

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Got disability-leave questions? Two greats have your FMLA/ADA HR answers.

Folks, if I were on a deserted island with no wi-fi, but just enough battery power and 4G LTE signal to stream one compliance webinar — welcome to deserted dork island — I’m tuning in to EEOC’s New Resource on Leave as an ADA Reasonable Accommodation: A Closer Look with EEOC Commissioner…

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9 things HR needs to know about the EEOC’s new rules on employer wellness programs

Yesterday, the U.S. Equal Employment Opportunity Commission announced here that it had issued issued final rules on how the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act apply to employer-sponsored wellness programs. So, what do y’all need to know about the EEOC’s new rules on employer wellness programs? (No one ever…

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86 the “100% cured” policy for employees returning from FMLA leave

My other car is a minivan Last Summer, I blogged here about how requiring an employee with a disability to stay out of work until 100% cured (i.e., a no-restrictions policy) automatically violates the Americans with Disabilities Act. As courts have described it, the policy does not allow a case-by-case assessment of an individual’s…

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A pay raise is not discriminatory and eye rolls don’t create a hostile work environment, mmkay?

Reading yesterday’s post about religious accommodations and Flying Spaghetti Monsters may have had you rolling your eyes like — who is that old guy? Tony Danza? Just kidding, I know my 80s TV. It’s Corbin Bernsen. Keeping with the topics of accommodations and eye rolling, I recently read this opinion about an…

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Medical Marijuana is coming to PA. What do employers need to know?

Pennsylvania is about to become the second Commonwealth in the United States to legalize medical marijuana. (23 states — la di da, states — plus DC currently allow it) Does this mean that employees with migraines can puff vape pens and eat Cheetos in your break rooms at work? Actually, I’m pretty…

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Permanent light duty is not an ADA accommodation. Unless you make it one.

The Americans with Disabilities Act requires employers to provide a reasonable accommodation to an individual with a disability, if doing so will allow that person to perform the essential functions of the job. Temporary light duty? Yep, that’s a reasonable accommodation. But, what about permanent light duty? Last night, I was…

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Can an employer rescind a job offer based on the results of a genetic test?

A received a number of emails following yesterday’s blog post, “Can you refuse to hire a person whom you fear may have a future disability?” Most were nice. Although, I didn’t appreciate one reader’s virtual flaming bag of virtual dog poop left in my inbox. That person can go to virtual hell.…