Articles Posted in Disability

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By any reasonable, objective measure, New Jersey was having a pretty good employee-rights run in 2018 — even by NJ standards. Continue reading

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By Agricultural Research Service ([1]) [Public domain or Public domain], via Wikimedia Commons

Three strikes and you’re out.

For one variety store chain accused of failing to accommodate and then firing a diabetic cashier who had to take a few bottles of orange juice from the store refrigerator to avoid seizing or passing out, well, the company swung hard!

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That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.” Continue reading

Human Resources in discussion

By Arunkumar Umapathy [CC BY-SA 4.0 ], from Wikimedia Commons

In yesterday’s post about an Americans with Disabilities Act case, I quipped about how the first paragraph of the Sixth Circuit’s opinion foreshadowed a bad outcome for the plaintiff.

Here were are again.

Another ADA case. Another Sixth Circuit appeal (Hostettler v. College of Wooster –  opinion here). Another request for a modified work schedule. And another unsuccessful plaintiff at the lower court.

But, this wasn’t just any plaintiff. Continue reading

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Imagine arriving at work where, waiting for you, is a letter addressed to you from the Sixth Circuit Court of Appeals. You know that inside that large envelope is a copy of the Sixth Circuit’s opinion in the Americans with Disabilities Act case in which you previously filed an appeal on behalf of your client.

And it’s in those seconds before you tear open the envelope that you think maybe, just maybe, the appellate court would reverse the lower court’s ruling in favor of the employer and deliver justice for your client.

Then you start reading the first paragraph of the opinion: Continue reading

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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

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