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Articles Posted in Disability

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Playing golf and having sex are major life activities under the ADA

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…

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The guy who was fired for peeing in a cup in front of his co-worker claims disability discrimination

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?…

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Court reasons that unreasonably withdrawing a reasonable accommodation is reason for employee to win ADA suit

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…

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“May it please the Court. Being overweight is just like having a neon-green mohawk.”

That’s how I start my next oral argument when defending a claim made under the Americans with Disabilities that one of my employer clients regarded an overweight plaintiff as disabled. So, who wants some of what I’m drinking today? Hey, it’s peppermint tea, jerk! And I’m not pulling this blog…

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FACT OR FICTION: A temporary disability may be an ADA disability

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.” Let’s assume that your employee breaks his leg. Doctors tell your employee that he won’t walk normally for seven months.…

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The most clicked, hella-best HR-compliance updates from 2013!!!

Ah, it was a good year at the ole Handbook. Total web traffic was up over fifty percent from 2012. And average time per visit was down over 20%, which is fine by me. I pad my important stats, while discouraging loitering. And we got our first visitor from Uzbekistan.…

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Telling an employee her “big fat ass needs to concentrate on losing weight” is not discrimination

Let’s talk (alleged) big butts and discrimination after the jump… (Sir Mix-a-Lot is gonna be feelin’ this post). * * * Hey yo! Find me another employment-law blogger spinning Sir Mix-a-Lot. Yeah, that’s what I thought. So, show me some love, take a few seconds, and vote for The Employer Handbook…