Seems one employer may not have received the memo. Now, the EEOC is taking aim. More on this and some tips for employers to avoid pregnancy-accommodation traps, after the jump… * * * Over the summer, the EEOC issued new guidance on accommodating pregnant employees. The Pregnancy Discrimination Act doesn’t…
Articles Posted in Disability
A company so concerned about an employee with cancer….it fired her?!?
That ain’t legal, yo. I’ll tell you why after the jump… * * * @Eric_B_Meyer, any thoughts to share on this one? Woman w/cancer diagnosis is fired & the boss thought he was helping http://t.co/980Bl1scjF — MarySchaefer (@MarySchaefer) September 17, 2014 Yeah, Mary, I’ve got some thoughts. Let’s assume that…
EEOC takes on fitness-for-duty medical releases; how to avoid the crosshairs.
Congratulations! Your fitness-for-duty employee medical examinations are job-related or consistent with business necessity. So, they pass muster under the Americans with Disabilities Act. But, what about the medical information you request from employees in connection with those exams? Oh yeah, there’s that too… Ask for too much info and you…
Apparently, the ADA requires accommodating an employee’s anger issues with a Shih Tzu named “Sugar Bear”
Hey, I don’t make this stuff up. I just blog about it. More after the jump… * * * The Americans with Disabilities Act requires that employers provide reasonable accommodation to employees with disabilities when doing so will allow them to perform the essential functions of their job. In Assaturian…
Yes, you can fire an employee who discloses a disability at his termination meeting
Filed under: duh! More on this one after the jump… * * * Let’s assume that you have an employee who commits a terminable offense. For example, in Martins v. Rhode Island Hospital, surveillance cameras and the Hospital’s employee ID swipe system suggested that Martins left work for approximately four…
An employer-defendant argued that cancer — CANCER!!! — is not an ADA disability
How do you think that worked out? (I’ve got a pretty good guess too). After the jump, let’s see if we’re right. * * * In EEOC v. Midwest Regional Medical Center, LLC (yes, the employer-defendant was a friggin’ hospital!!!), the United States Equal Employment Opportunity Commission filed suit on…
Court says having to pee uncontrollably is not an ADA disability
Talk about a pissed-off plaintiff. I’ll be here all week. (Thank God it’s Friday). More on this interesting Americans with Disabilities Act decision after the jump… * * * When you gotta go, you gotta go. In Sanders v. Judson Center, the plaintiff worked for a nonprofit human service agency providing…
Guess why dude lost his ADA failure-to-accommodate claim. (Hint: he didn’t ask for one).
When the new amendments to the the Americans with Disabilities Act took effect in 2009, the law became more employee-friendly by expanding the definition of what constitutes a disability. That said, the law doesn’t (yet) require an employer to have a sixth sense about whether a disabled employee requires a…
FACT OR FICTION: The ADA requires all employers to offer light duty.
That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.” Peep this ADA failure-to-accommodate case. Plaintiff is disabled and requests light duty. However, the evidence presented showed that there were no…
Disclosing an employee’s medical info on Facebook is hella-stupid
Plus, it may violate the Americans with Disabilities Act too. How one company’s alleged blunder turned into an ADA lawsuit and a blog post at https://www.theemployerhandbook.com…after the jump… * * * In Shoun v. Best Formed Plastics, Inc., the plaintiff allegedly suffered a bad shoulder injury at work. And, after…