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The Employer Handbook BlogCan an Employer Reject a Doctor’s Return-to-Work Clearance?
His doctors cleared him to return to work. The railroad kept him away from moving trains for five years.
Articles Posted in Disability
Can an Ignored Accommodation Request Turn a Performance Firing Into an ADA Claim?
The employee asked for help completing his work. Months later, the unfinished work became the reason for firing him. Continue reading
A Judge’s Mug Was Crude Enough to Blog About. A Court Still Said It Wasn’t Harassment
A judge joked about his female employee’s sexuality and kept a mug decorated with cartoon genitalia in his own courtroom. The same judge required her to burn a full day of sick leave every time she needed an hour off for a medical appointment. A federal appeals court still ruled none of it was enough to reach a jury.
A Supervisor Swore He Didn’t Know About the Disability. His Own Notes Said Otherwise.
A supervisor swore in an affidavit that he had no idea an employee was disabled. His own meeting notes said otherwise, and that contradiction just cost a Texas community college its win.
Caught Sleeping on Shift, Then Citing a Diagnosis: Why the Timing Killed This ADA Claim
A hospital tech got caught sleeping on the overnight shift. Blaming a diabetes medication for it, only after getting caught, didn’t turn her firing into disability discrimination.
The ADA at 36: Why Good Faith and Documentation Are Still Where Cases Are Won or Lost.
President George H.W. Bush signed the Americans with Disabilities Act (ADA) on July 26, 1990, thirty-six years ago yesterday. Here’s the timeline that brought us from that signing to the law you manage today, and where the real risk lives now.
Why the Interactive Process Doesn’t Wait for a Start Date
A jury handed down two verdicts in the same ADA case that couldn’t both be true. The trial judge tossed one out, and a federal appeals court just said she was right to.
Unpaid Leave Won This ADA Case. It Shouldn’t Be Your First Move.
An excellent teacher with a progressive disability wanted paid leave to get a guide dog. Her employer offered unpaid leave instead. A federal appeals court just said that was enough.
Sole Survivor: What an ADA Shoe Fight Teaches Employers About Accommodation
A cocktail server with a foot disability wore Skechers sneakers for two years under an accommodation her employer granted. When new management decided sneakers didn’t meet appearance standards, the employer narrowed the accommodation and eventually terminated her for refusing to comply. Most of the lawsuit went with her.
If Full-Time Remote Work Would Eliminate an Essential Function, You Don’t Have to Offer It
COVID-era telework was an emergency exception. Courts aren’t treating it as a permanent rewrite of job requirements.