The Americans with Disabilities Act prohibits discrimination based on a disability concerning employment. That includes refusing to hire someone based on an actual disability, a perceived disability, or a record of disability. Whether an employer regards a job applicant as having a disability or learns about a record of a…
Yesterday, we discussed how an employee asserting a failure-to-accommodate claim under Title VII must establish that their request for a religious accommodation resulted in an adverse employment action. The same appellate court deciding that case also recently confirmed that the same maxim applies to failure-to-accommodate claims under the Americans with…
I’m neither a doctor nor a meteorologist but an employment lawyer. And, like the First Circuit Court of Appeals in this recent decision, I struggle with what the employer in Puerto Rico could have done differently to accommodate one of its workers. According to the opinion, the employee worked with…
Near the beginning of the pandemic, an employee in New Jersey reported to work but felt ill; specifically, he felt “cold, clammy, and weak.” After going home, the employer told him not to return until he tested for COVID-19. The next day, the plaintiff went to a free clinic where…
Now, I know a lot of you reading this are out in Las Vegas at SHRM23 right now. And you probably work for companies that provide Employee Assistance Programs (EAPs) to employees that could use counseling or support. Most of you know that the Americans with Disabilities Act, which bans…
The Americans with Disabilities Act does not protect employee use of illegal drugs. It does not prevent employers from testing applicants or employees for current illegal drug use or making employment decisions based on verifiable results. However, the ADA would protect an employee with a disability who fails a drug…
On May 11, 2023, the federal Public Health Emergency for COVID-19 ended. However, the U.S. Equal Employment Opportunity Commission (EEOC) announced yesterday that “the end of the declaration does not change the requirements of the federal equal employment opportunity laws discussed in this publication.” So, the EEOC took the opportunity…
When a plaintiff sues, alleging a supervisor subjected them to a hostile work environment, the defendant may avoid liability — even if the harassment actually occurred — if it took prompt remedial action to protect the plaintiff. Also, if a plaintiff fails to take advantage of corrective opportunities the defendant…
Here’s the thing. When a plaintiff asserts a disability discrimination claim against a current or former employer, one of the elements of the claim is establishing … wait for it … a disability. It’s critical. Even in an employee-friendly state like New Jersey. I read a New Jersey appellate court…
Employment lawyers and HR professionals generally preach that employees view “it’s not a good fit” to explain their termination of employment as code for discrimination or retaliation. It’s HR101. But yesterday, a federal court of appeals explained that this well-intentioned but often misconstrued rationale isn’t always a thinly-veiled, pretextual excuse…