One of my all-time favorite ADA cases — God, am I a dork — is Keith v. County of Oakland, which I previously blogged about here. It involves a deaf lifeguard who applies for a position at a public pool and what, accommodations, if any are reasonable to allow him…
The SHRM blog does, silly. But, I can link to the preview (here) and the recap (here). Definitely check those out. Allen Smith, Manager of workplace law content at SHRM, and a host of others did a great job fielding questions about the ADA and FMLA issues that keep HR professionals up…
You might as well paint a huge bulls-eye on your business and open up your checkbook. This EEOC press release, announcing an Americans with Disabilities Act settlement with a senior living facility explains why: Brookdale Senior Living Communities, Inc. of Denver will pay $112,500 and furnish other relief to settle…
Not literally in the sun. Only Superman could do that. Or maybe some of those X-Men. Well, you get the idea. The lede, up to the word “sun.” Yesterday, I read this federal court opinion about an employee who was hired to work outdoors during the day. Unfortunately, during the employee’s…
When the EEOC accuses your company of engaging in a “pattern or practice” of discrimination, it’s gonna be a tough year. In EEOC v. Celadon Trucking Services, Inc. (opinion here), the EEOC accused Celadon Trucking of violating the Americans with Disabilities Act, by engaging in a “pattern or practice” of…
Many of us, including me, have a loved one or friend who has suffered through mental illness. With proper treatment, counseling and support, the symptoms may be controllable. However, sometimes medication and treatment aren’t enough. Mental illness, which generally qualifies as a disability under the Americans with Disabilities Act, can…
Yesterday, the Americans with Disabilities Act turned 25. To celebrate the 25th anniversary, the EEOC has created a new resource (here), which addresses the state of the ADA, lists important milestones, and offers links to a series of ADA resources. Save the Family and Medical Leave Act, I get more…
We all know that the Americans with Disabilities Act makes its unlawful for an employer to discriminate against an individual on the basis of his or her disability. But, the Act has even broader protections for employees. The ADA expressly prohibits “excluding or otherwise denying equal jobs or benefits to a…
A friendly reminder that, just because your job description might say what an employee is supposed to do, doesn’t mean that’s what your employee actually does. And, in an Americans with Disabilities Act case, here’s why that matters… At 7:00 am (yawn) on Tuesday, June 30, I’m presenting “My Employees Can…
Just another ho-hum Wednesday here at the ol’ Handbook. Urine trouble now. So, did you hear the one about the employee who got caught urinating next to shopping carts near the front entrance of a big home improvement store? He even admitted to, and apologized for, his public urination, explaining that he…