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Articles Posted in Disability

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Swine flu as an ADA disability? What would Ozzy and Sharon say?

“Oy, Sharon! Will you help me out here?” “Come on, Ozzy! Yellow in the front, brown in —.” “Bloody hell, Sharon! I’m trying to comprehend this federal court decision from the District of Minnesota.” “Was that the one Judge Schiltz authored?” “Aye, Sharon.” “So, here’s what I don’t get. This fella…

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I can’t believe you missed these workplace blockbusters, you guys!

Translation: Recent HR / employment law developments that Meyer missed a/k/a Meyer needs to clear out his folder of bookmarked employment-law items to make room for his dork dorkier Fantasy Baseball bookmarks. Pitchers and catchers report in just over two months. More courts weigh in on social-media discovery issues. “Good news.…

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It’s not disability discrimination when you don’t know about the disability.

William Wengert is HIV-positive. He worked as a certified nursing assistant for Phoebe Ministries, until he was terminated last year following an incident in which a resident suffered a broken leg. The company claimed that the incident with the resident precipitated the firing. Conversely, Wengert alleged that the company violated…

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Telecommuting as an ADA accommodation: Maybe; maybe not

Much has been written lately in the blawgosphere about telecommuting as a reasonable accommodation under the Americans with Disabilities Act for qualifying disabled employees. Last month, Jon Hyman posted (here) about this case, in which a federal court in Ohio held that telecommuting may be a reasonable accommodation based on…

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ADA does not require indefinite break from essential job functions

Readers of this blog know (here, here, and here) that if a disabled employee requests an indefinite leave of absence from work, the Americans with Disabilities Act does not require you to provide it. Why? Because that accommodation is not reasonable. [Editor’s note: Obsessed much, Eric? Three posts about the…