In yesterday’s post, we looked at whether a morbidly-obese employee is protected under the Americans with Disabilities Act. Today, let’s apply yesterday’s discussion to a “real-world” example. Is Homer Simpson disabled? And is the Springfield Nuclear Power Plant legally obligated to offer him a reasonable accommodation? The answers after the…
Recently, the EEOC sued a Texas company, alleging that the company engaged in disability discrimination, in violation of the Americans with Disabilities Act, when it fired a 680-pound worker because he was morbidly obese. Is that right? Can being overweight be considered a “disability” under federal law? And, if…
Your business drug tests job applicants as a condition of employment. What would happen if a male applicant refused to take a urine test because he claimed that he had paruresis, otherwise known as “shy bladder syndrome” or “bashful bladder syndrome”? Would you have to accommodate the applicant with a different…
An eligible employee may take up to 12 workweeks of leave under the Family and Medical Leave Act in a 12-month period. If an employee exhausts all of her FMLA leave and fails to return to work after the 12 weeks are up, can’t the company simply fire the employee?…
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”. The answer to today’s question is fact. In 1991, the Supreme Court decided, in the companion cases of EEOC…
https://www.youtube.com/watch?v=csuZHyW-iGI i·ro·ny (noun) [ahy-ruh-nee]: an outcome of events contrary to what was, or might have been, expected. The United States Equal Employment Opportunity Commission has sued The Scooter Store, a purveyor of power chairs for the disabled, for disability discrimination. Here is a copy of the Complaint. And here is a copy of…
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”. The answer to today’s question is fiction. Pregnancy is not a “disability” for purposes of the Americans with Disabilities…
Management-side employment lawyers preach it until they are blue in the face: companies should always document employee performance and disciplinary issues. Why is this so important? A real-world example follows after the jump… * * * Documentation makes courts feel all warm and fuzzy. This case is Day v. Morgan.…
Welcome back to “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”. https://www.youtube.com/watch?v=UFLJFl7ws_0 So, is a miniature horse a reasonable accommodation under the Americans with Disabilities Act? Maybe. Title I of the ADA covers employers discriminating against qualified individuals…
The Employment Law Blog Carnival has finally rolled into town. What is a blog carnival? It is a collection of links on a particular topic — here, employment law — that bloggers have submitted to me, which I then arrange around a particular theme. For this edition of the Carnival,…