Stop me if you’ve heard this one before: Job candidate is told that any job offer is contingent upon passing a drug test. On d-day, job candidate bolts from the drug-testing facility, claiming that he has trouble in confined spaces. No drug test means that job candidate is disqualified from…
Articles Posted in Disability
Can a bridge worker with a fear of heights have a viable ADA claim?
Today, I get to sleep in because The Employer Handbook has a guest blogger. It’s Andrew Kim, a summer associate at Dilworth Paxson LLP: * * * Some people have no problem with heights (as seen above). But Darrell Miller, a bridge worker, had acrophobia (a.k.a. the fear of heights).…
What to know about providing disabled employees time off work
The Americans with Disabilities Act (ADA) prohibits discrimination in the workplace against disabled individuals. By law, if an employer knows that an employee or applicant is disabled, it must reasonably accommodate the known disability, if doing so would not impose an “undue hardship” on the operation of the employer’s business.…
Court dismisses the age bias claims of a pistol-packin’ old cripple
A 51-year-old auto-parts specialist with lupus, fibromyalgia, diabetes and arthritis, claimed that his 29-year-old co-worker called him an “old cripple” and an “old man,” labeled him “too old to be trained,” and threatened to beat him with a baseball bat. The 51-year-old responded by telling his manager that he would…
Female accountant wins right to legally masturbate at work
Yep. More on this amazing story after the jump. * * * She had a chemical imbalance, folks. David Moye from The Huffington Post has the deets: In a decision that can only be described as touchy, a Brazilian judge has reportedly ruled that a 36-year-old female accountant can legally…
Can you reject an applicant BECAUSE he just completed drug rehab?
Although the Americans with Disabilities Act does not protect employees or applicants who use illegal drugs, it does protect those who are “participating in a supervised rehabilitation program, have successfully such a program, or who have otherwise been rehabilitated successfully.” Does that mean that an employer cannot refuse to hire…
What the EEOC wants employers to know about the ADAAA
As I reported last week, after receiving over 600 public comments on its proposed regulations implementing the Americans with Disabilities Act Amendments Act (ADAAA), the EEOC has released its final rules. So what’s in these rules? And how will they affect employers? I’ve got a nice summary from the EEOC…
EEOC releases final ADA Amendments Act regulations
Hot off the press! The EEOC has released its final ADA Amendments Act regulations. You can read the press release and get a copy of the regulations here. For some prior posts at https://www.theemployerhandbook.com about the ADA, ADAAA, and the supporting regulations, click here and here.
Prepare for the new federal rules on public accommodations
On March 15, 2011, new Americans with Disabilities Act (ADA) regulations will take effect governing access to state and local government facilities as well as places that are generally open to the public. To find out out whether YOU may be covered and, if so, what your obligations are, click…
Can an employer legally refuse to hire a smoker?
Keeping with this week’s smoking theme, I see that the The New York Times recently ran a story discussing how some employers are refusing to hire smokers. The article warns, ““Smokers now face another risk from their habit: it could cost them a shot at a job.” But is this…