If I could drink up your collective skepticism when it comes to these Americans with Disabilities Act cases… …I’d need my stomach pumped. Let’s see. There’s the one about the utilityman who couldn’t climb utility poles, but had an ADA claim against a utility company. And then who can forget…
I’m feeling rather charitable this evening as I punch out this post. Maybe it’s the proud feeling of crossing off my bucket list taking my four-year-old son to a Sunday early-bird at the biggest dive bar in South Jersey. (*Bonus points if you can guess the bar). Well, I’m not…
This is my son’s first year playing t-ball. The rules, in case you’re not familiar with them, are simple: Everybody hits Everybody (eventually) rounds the bases Everybody scores Some games, my son wants to lead off. Some games, he wants to hit last. Ultimately, it doesn’t matter where he hits.…
So, check this out. I read this case yesterday about an employee who provided her company with a November 12 doctor’s note, requesting that her hours be reduced due to her high-risk pregnancy. The employee would have become eligible for coverage under the Family and Medical Leave Act on November…
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.” Try this one for size, folks. In this case, an employee argued that her former employer retaliated against her, by…
Two big EEOC pet peeves right now are: employers who discriminate in the hiring process; and employers who violate the Americans with Disabilities Act based on misconceived notions about how an individual’s health could impact that person’s ability to perform essential job functions. So, you’ve really got to be pushing…
Recently, I gave a webinar about the interplay between the Family and Medical Leave Act and the Americans with Disabilities Act. One of the takeaways there was that, when an employee’s 12 weeks of FMLA leave expire, you need to be thinking about ADA implications rather than processing a pink…
Only the dorkiest of HR/Lawyers dorks could appreciate this webinar. Here is the recording. Here are the slides. Happy dork day! * * * Want to dork-out even further? If you’re on LinkedIn, consider joining the discussion of news, trends and insights in employment law, HR, and the workplace, by…
These blogging fingers have had much to say about telecommuting as a reasonable accommodation under the Americans with Disabilities Act. Now, if you’ll excuse me, these blogging fingers are going to dunk broccoli into spinach dip. Ok, I’m back. Whether telecommuting is a reasonable accommodation was a business decision. Most…
Back in 2011, the U.S. Equal Employment Opportunity Commission sued Walgreens from disability discrimination. Specifically, the EEOC claimed that Josefina Hernandez, a cashier at Walgreens’ South San Francisco store, who suffered from diabetes, was on duty when she opened a $1.39 bag of chips because she was suffering from an…