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…
Let’s assume that you run a factory in which employees are scheduled on one of two shifts: (1) 6:00 AM – 6:00 PM; or (2) 6:00 PM to 6:00 AM. One of your employees comes to you with a doctor’s note which states that working the graveyard shift will cause…
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.…
Sorry, Aquaman. You’re SOL, son. But Aquaman does love to get down to MGMT, I’m told. So here you go… Same goes for the plaintiff in this case — the telepathy part, not MGMT — in which the employer had a leave policy which dictated that employees may take up to six…
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.…
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…
You’ve got an employee with performance issues. Big time! Initially, rather than fire her, you make fun of her behind her back put her on a series of performance improvement plans. But, that doesn’t result in — oh, what’s the word I’m looking for? — improvement. So, you fire…
An employee-plaintiff who claims that she was discriminated against under the Americans with Disabilities Act due to her pregnancy alone, will lose her ADA claim 10 times out of 10. This is because pregnancy is not a disability under the ADA. But what if that same employee plaintiff with an…
Welcome everyone to the Employment Law Blog Carnival. What you’ll find after the jump is the best, recent posts from around the employment-law blogosphere all organized around a common theme. So, yeah, we need a theme. [Lousy blog rules] Two years ago, we spun some tunes with the “Employment Law…
When the Americans with Disabilities Act Amendments Act (“ADAAA”) went into effect on January 1, 2009, the changes to the Americans with Disabilities Act (“ADA”) emphasized construing the definition of “disability” to provide broad coverage of individuals to the maximum extent permitted by the terms of the ADA. In other…