Articles Posted in Disability

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Image Credit: Photofunia.com

Most discrimination lawsuits involve a single, individual plaintiff and, on the other side of the “v,” a company as the sole defendant.  But, sometimes, that plaintiff will name additional individual defendants too, such as a manager, supervisor, or even someone from Human Resources.

When that happens, what are the chances that the individual will end up legally responsible with the plaintiff prevails at trial?

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Image Credit: Photofunia.com

The title of this blog post is somewhat misleading.

Yes, this post combines cars and employment law. But, more than anything, it was just an excuse to use this cool image, play The Cars – a song called “Drive,” no less – and say, “Dude, where’s my car?”

You’ll see what I mean. Continue reading

Town Crier Billy ClarkFor those of you who work in HR, what do you do when you learn that an employee has filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission alleging a violation of the Americans with Disabilities Act?

Raise your hand if the answer is not publicizing details of the charge, including the employee’s name, union affiliation, and information about the medical restrictions on his ability to work, in a letter to 146 members of his union local. Continue reading

A few years ago, one of my colleagues emailed me and asked if I would review a particular question on a client’s job application. Specifically, the client wanted to know whether a certain health-related inquiry was something the client could do before extending a conditional offer of employment.

Well, not only was this particular question unlawful, so were the other four I found on the job application. They all violated the Americans with Disabilities Act. Every. Damn. One. 

But, was this an anomaly? If we drained the ADA-noncompliance swamp, would we only find this employer?

My bottles of Drakkar Noir and left arm adorned in shiny Rowleckses says, “No.”  Continue reading

OxyHeroin

As the U.S. Equal Employment Opportunity Commission’s fiscal year comes to a close, the agency has filed a slew of discrimination lawsuits. One that caught my eye involves an employer that allegedly rescinded an offer of employment once it found out that the individual was using prescription drugs to treat his prior heroin addiction.

Wait a minute! Can’t you terminate someone who has abused drugs? Continue reading