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…
Today we have a guest blogger at The Employer Handbook. It’s one of my readers, Joseph Ginarte. Joseph is an employment lawyer with Ginarte, O’Dwyer, Gonzalez, Gallardo Winograd. Like his post? Feel free to email him some comments! (Want to guest blog at The Employer Handbook? Email me). * *…
1. Yoga 2. Bikram Yoga 3. That other kind of yoga 4. ummmm…… I have three kids three and under. Like I have time on the weekend to come up with 172 anythings…let alone something requiring a scintilla of creativity, save channeling my inner Andy Warhol at the children’s museum…
From the blog that brought you “Can a bridge worker with a fear of heights have a viable ADA claim?,” comes news of a recent federal-court decision which — well — you read the title to this blog post. In RRRRRRRRRRRRRRico v. Xcel Energy, Inc. [cue music] the plaintiff,…
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…
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…
Last week, we had a two-part series on the interplay between the Family and Medical Leave Act and the Americans with Disabilities Act. The former clearly obligates employers to afford leave to an eligible employee to care for a sick child. But, what about the latter? That is, must…
Today, Janette Levey Frisch is back as guest blogger to wrap up her two-part series on the interplay between the between the Americans with Disabilities Act and the Family and Medical Leave Act. (You can read Part One here). Janette is In-House Counsel at Joule, Inc. where she provides comprehensive legal representation…
Today we have a guest blogger at The Employer Handbook. It’s Janette Levey Frisch. Janette is In-House Counsel at Joule, Inc. where she provides comprehensive legal representation and support to a staffing company with five subsidiaries throughout the East Coast. You can connect with Janette on Twitter here and on…
Tammy Rosebrough was born without a left hand. In September 2007, she applied for a cook position at Buckeye Valley North High School. However, due to a shortage of bus drivers, the school encouraged Rosebrough to become a bus driver. Rosebrough accepted. Rosebrough claimed that, during her training, her trainer…