ADA and Burger King?!? Has someone been eating too many Whoppers? No. But I did spend a 20 minute Uber ride yesterday sucking down mustard packets. Actually, the inspiration for this post comes from Seattle Attorney, Michael Harrington, who presented “The Wild, the Weird and the Wonderful FMLA/ADAAA Cases…And the Lessons…
More eagerly anticipated that the premiere of Paul Blart: Mall Cop 2, yesterday, the EEOC released its new proposed rules on wellness programs. Although, based on the Paul Blart reviews, hemorrhoids too may be more eagerly anticipated. No strikethrough on the last sentence. Weird. But, if you want to have an employee…
Geez! What’s gotten into me this week? Even by The Employer Handbook editorial standards, which are lower than Title VII’s religious accommodation undue hardship test. [I’ll be here all week. Sorry.] First, a 1000+ word blog post on ADA telework, followed by two cheeky posts on bad interview questions and the…
If you’re in a rush, I’ll hit you with the punchline and save you the trouble of reading 1,000+ words of blog post: Telecommuting may be a reasonable accommodation under the Americans with Disabilities Act, except where regular attendance is an essential function of the job. For those of you with a…
Happy Monday, everyone. Glad to see I didn’t break some of your content filters on Friday with my filthy NLRB post. But, hey, just another day in the interesting life of an employment lawyer / HR professional, amirite? Today, I bring you a very simple lesson, courtesy of the Third Circuit Court…
One week ago today, a Germanwings plane carrying 150 people crashed and killed everyone on board. Since then, there is mounting evidence that the co-pilot, who was in great physical shape, was also suffering from mental illness which caused him to deliberately steer Flight 9525 into the French Alps. Why didn’t Germanwings taken preventative…
Well, I think we can all agree that, when an employee’s protected class motivates a company to transfer him to a less desirable position, it’s time to call the lawyers and break out the checkbook. But, what makes a transfer position less desirable? Yesterday, I was reading this Sixth Circuit opinion about a…
I’m a bit late to the party with this one. But, for those who haven’t read about it elsewhere. Voila! The plaintiff originally taught at the high school, during which she informed her employer about her pedophobia, a debilitating fear of young children. Some time later, the plaintiff was transferred to…
Yesterday, with my good buddies Casey Sipe and Jessica Miller-Merrell from Blogging4Jobs.com, I presented a webinar on the interplay between the Family and Medical Leave Act, state workers’ compensation laws, and the Americans with Disabilities Act. The key word in the last sentence being “interplay.” (By the way, if you want to…
Yesterday, I read about a woman who alleged that her former employer violated the Americans with Disabilities Act when it fired her from her “armed security guard” position because of a medical condition. This notwithstanding that, in her complaint, the plaintiff admitted to being presented with pictures taken of her which appeared to show…