Articles Posted in Disability

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Request Leave Coolie Writing Tool Pen Application (https://www.maxpixel.net/Request-Leave-Coolie-Writing-Tool-Pen-Application-1915347)

On Wednesday, I blogged, “If your job applications look anything like this, well, damn, you’ve got some ADA problems.

“This” was a medical questionnaire that inquired about certain medical conditions, whether the employee had an impairment or disability, and whether the employee had previous surgery or received a permanent disability rating.

In other words, questions that were designed to elicit information about whether an individual has a disability.

Not surprisingly, readers asked some good follow-up questions about related ADA issues; stuff that wasn’t part of the low-hanging fruit that the EEOC plucked when it sued the employer with the bad medical questionnaire.

For everyone’s benefit, let’s address those questions today. Continue reading

https://www.theemployerhandbook.com/files/2019/04/www.maxpixel.net-Request-Leave-Coolie-Writing-Tool-Pen-Application-1915347.jpg

Request Leave Coolie Writing Tool Pen Application (https://www.maxpixel.net/Request-Leave-Coolie-Writing-Tool-Pen-Application-1915347)

I remember once I had a colleague asked me to review an addendum to a job application for a client to make sure it was all good and legal.

It wasn’t.
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Image Credit: Pexels.com (https://www.pexels.com/photo/working-in-a-group-6224/)

Ever since the amendments to the Americans with Disability Act took effect in 2009, management-side employment lawyers have preached to clients that they should focus more on accommodating a disability rather than whether an employee has a disability in the first place.

But, what if you have an employee who seeks an accommodation — time off — for a condition that she claims impacts her ability to work?

Hmmm…

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1976 Sally Field & Joanne Woodward

Lorimar Productions/NBC [Public domain], via Wikimedia Commons

In 1976, Sally Field played Sybil in the eponymous TV movie. Sybil was a teacher who suffered a breakdown in front of her students, only to be diagnosed with dissociative identity disorder. Throughout the movie, Sybil exhibits multiple personalities — 16 in all.

Some may even consider Sybil to be ‘crazy.’

Or at least someone with a mental impairment that substantially limits one or more major life activities a/k/a a disability. Continue reading

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Image Credit: Pixabay (https://pixabay.com/en/marijuana-scales-legalization-drugs-2754249/)

The case is called Wild v. Carriage Funeral Holdings, Inc. So, yeah, it’s “Wild.”

And so as not to bury the lede, the court concluded that the plaintiff, a medical marijuana user, could pursue discrimination claims under the New Jersey Law Against Discrimination (the LAD) against his employer.  Continue reading

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Image Credit: Pixabay.com (https://pixabay.com/en/question-mark-note-duplicate-457454/)

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.”

It’s your fault that this post is so short. Continue reading

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Image Credit: Pixabay.com (https://pixabay.com/photos/syringe-medical-finger-957260/)

Over the weekend, I read a recent federal appellate court opinion about a pharmacist who alleged that his former employer discriminated against him by failing to accommodate his fear of needles. Continue reading

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Image Credit: Pixabay.com (https://pixabay.com/vectors/attendant-car-parking-service-148647/)

Imagine that you operate a valet parking service at a large hotel and you’re looking to hire a parking attendant. Your 10 am interview arrives. You say, “good morning.” He responds in sign language.

He’s deaf.

A deaf parking attendant?!?

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