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…
When Congress enacted the Americans with Disabilities Act Amendment Act, which went into effect on January 1, 2009, it indicated that one of its purposes was to “convey that the question of whether an individual’s impairment is a disability under the ADA should not demand extensive analysis.” I vaguely recall…
On Monday, it was public urination. Yesterday, we had indecent proposals. And today, the blogging gods, in which I hold a sincerely-held belief, serve me up this federal court opinion about an alcoholic named David Crosby — not that David Crosby, but still — who sued his former employer…
I’m pretty sure Larry David had this written into the Seinfeld Parking Garage episode before making a last-minute script change to uromysitis. I would have stuck with the former. But, Mr. David is a comedic genius and I just write this crappy blog. How bad is this blog, you ask?…
Let’s say that you have an employee whom the Americans with Disabilities Act would consider disabled and to whom you have afforded a reasonable accommodation for a long time. Maybe it’s a few years of light duty to accommodate your employee’s bad back. Maybe it’s keeping your employee with medically-documented…