Articles Posted in Disability

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During this July 4th holiday week, I don’t expect many of you to read this blog. So, thank you to those who do stick around. And, come mid-week, I’ll set off some legal backyard fireworks in your honor.

***Updates shopping list***

And I’ll bring my A-game. B-plus, at least. For the rest of the week, you can expect nothing less from me than Russia’s performance against Spain in the World Cup.

We’re going to start off by revisiting an issue, the surface of which we began to scratch a few months ago: opioids and the workplace.

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You know that expression about putting your money where your mouth is?

While unsanitary, I’m going to use it to make a point today about demonstrating undue hardship under the Americans with Disabilities Act. Continue reading


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Now, don’t say that I haven’t warned you.

A few years ago, I offered 112,500 ADA reasons not to force an employee to stay home until 100% healed. The following year, I told you to 86 the “100% cured” policy for employees returning from FMLA leave, with a reminder a few months later that a 100% healed policy = 100% violation of the ADA.

Some folks just don’t learn. Continue reading


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You know that Seinfeld episode.

The one where George gets a customized office desk for taking naps during the day?

I love that episode.

My favorite part is when “George Steinbrenner” calls in the bomb squad (after Jerry calls in a bomb threat) only to discover George’s  “empty calories and male curiosity.” Continue reading

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On the same day that Starbucks closed more than 8,000 stores to train its employees on implicit bias (full curriculum here), an outspoken Hollywood celebrity stole the headlines with an explicitly-racist tweet. Continue reading



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When you think about lawsuits involving transgender employees and issues of gender identity, most assume that those claims would be asserted as sex discrimination claims. Often, those cases involve allegations of sex stereotyping. Continue reading

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