Articles Posted in Disability

A few months ago, I blogged here about a lawsuit filed in a Pennsylvania federal court in which a plaintiff alleged that a grocery store’s inflexible policy of requiring all customers to face coverings — even the ones with documented medical issues — violated the Americans with Disabilities Act.

Late last week, the judge effectively stuck a pin in the plaintiff’s balloon by denying a request for an injunction. So, I want to tell you a little about this case. Stick around to read the plaintiff’s social media posts. It’ll be worth your while.

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Over the weekend, President Trump nominated Amy Coney Barrett, United States Circuit Judge of the United States Court of Appeals for the Seventh Circuit, to fill the open Supreme Court seat. Since this is an ***check notes*** employment law blog, many of you may be wondering how Judge Barrett would decide an employment law case on the Supreme Court. Continue reading

Courts across the country have consistently concluded that the Americans with Disabilities Act does not require an employer to accommodate an employee’s use of medical marijuana — even outside of work — to enable an employee with a disability to perform the essential functions of the job.

But, what about using cannabidiol (CBD) instead — like with a teensy bit of THC that’s not enough to get anyone high? Continue reading

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By John Dorwin – <span class=”int-own-work” lang=”en”>Own work</span>, Public Domain, Link

In its recent COVID-19 Americans with Disabilities Act guidance, the U.S.  Equal Employment Opportunity Commission encouraged that employers be flexible in determining accommodations for employees during the pandemic. Some suggestions included temporary job restructuring of marginal job duties, temporary transfers to a different position, or modifying a work schedule or shift assignment to permit an individual with a disability to perform the essential functions of the job safely.

One employer may be learning this lesson the hard way. Continue reading

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Image by ErikaWittlieb from Pixabay

As employment lawyers, we counsel clients that there is no one-size-fits-all approach to requests for reasonable accommodation under the Americans with Disabilities Act. Indeed, they are very fact-specific. Although, there is one fundamental immutable truth; namely, a request for an indefinite leave of absence is never reasonable under the ADA.

Or so, I thought. Continue reading

Before we see what’s in the mailbag, here’s your final reminder to register (here) for today’s free Zoom session at Noon EDT today with me and some of my friends from the EEOC. We’re going to be talking mediation, pro-tips, and the new pilot program. Continue reading

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