Articles Posted in Disability


Image Credit: “Whisper” by Jamin Gray on Flickr ( //

Today, I’m going to revisit a topic that I’ve previously discussed a few times on the blog (here and here); namely, when is working overtime an essential job function under the Americans with Disabilities Act?

The quick answer is: the employer decides when.

But, let’s do a deeper dive. Continue reading


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Under the Family and Medical Leave Act, an eligible employee is entitled to take up to 12 weeks of job-protected leave in a 12-month period.

So, what happens if an employee exhausts 12 weeks of leave and doesn’t return to work on the next working day? Firing that employee wouldn’t violate the FMLA would it?

Or, could it? Continue reading

O2 arena

By rp72 (Opening o2 Arena London Bon Jovi) [CC BY 2.0], via Wikimedia Commons

“In a packed room at the 2018 SHRM Employment Law and Legislative Conference in Washington D.C., Eric Meyer of FisherBroyles, LLP provided practical guidance for HR Professionals so that they can handle an ADA accommodation situation at their organization.” Continue reading


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Last September, the Seventh Circuit Court of Appeals ruled that a multi-month leave of absence is never a reasonable accommodation under the Americans With Disabilities Act.

That’s all well and good for employers in Illinois, Wisconsin, and Indiana. But, what about the rest of us?

For example, if you operate a business in California, you’re in a constant state of pearl-clutching. So, some guidance would be helpful.

Well, sure enough. We get some. Continue reading


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If that ugly pink jawn looks familiar, (1) you must have recognized him from a previous post on this blog, (2) you’re creeping me out, but (3) thank you for reading my blog.

Back in May, I wrote about an Americans with Disabilities Act lawsuit that the U.S. Equal Employment Opportunity Commission filed against an employer. In its complaint, the EEOC alleged that the employer violated the ADA when it feared an employee’s travel would lead to a potentially catastrophic outbreak of Ebola in the United States and fired her when she refused to cancel her trip. Continue reading


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It’s been a while since we addressed the legalization of medical marijuana in the Commonwealth of Pennsylvania, and what that means for employers. It was about two years ago to be precise.

Last October, I presented on this topic at the SHRM Lehigh Valley “annual” October Conference.  But, many of you weren’t there. And, with the first medical marijuana dispensaries opening for business this weekend, this seems like as good a time as any to update my Pennsylvania peeps on what that means for your workplace.

(The rest of you can connect with me on LinkedIn.) Continue reading


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Over the Summer, I blogged here about the Seventh Circuit’s decision in Severson v. Heartland Woodcraft, Inc. (opinion here).

In Severson, the Court concluded that “a multimonth leave of absence is beyond the scope of a reasonable accommodation under the ADA….Simply put, an extended leave of absence does not give a disabled individual the means to work; it excuses his not working.” (my emphasis)

It’s an excellent opinion for employers, especially those that do business in Indiana, Illinois, and Wisconsin.

But, I want to use today’s post to refocus and remind you that leave can be a reasonable accommodation under the Americans with Disabilities Act. Continue reading

“Doing What’s Right – Not Just What’s Legal”