Articles Posted in Disability


Credit: Office of Commissioner Andrea R. Lucas

Late last week, as I enjoyed the FisherBroyles partner retreat (responsibly-ish) in Nashville, the U.S. Equal Employment Opportunity Commission released a new resource on pregnancy discrimination.

Spoiler alert: The Dallas Cowboys won’t make the playoffs this season resource doesn’t contain any game-changing new information about pregnancy and pregnancy-related disability discrimination. However, as the title of this post indicates, the EEOC has provided an excellent primer for less experienced HR professionals and those who could use a little refresher on the basics. Continue reading


I read a recent Sixth Circuit decision. A physician group fired the plaintiff, a nurse, months after she suffered an accident. The group’s subsequent bankruptcy impeded the plaintiff’s efforts to hold it liable for employment discrimination under the Americans with Disabilities Act of 1990 (ADA).

Did that stop her from suing for ADA violations? Obviously not, or I wouldn’t be blogging today. Continue reading


A transgender woman with gender dysphoria spent six months incarcerated in an adult detention center. Prison deputies initially assigned her to women’s housing. But, after they learned that she was transgender, they quickly moved her to men’s housing.

It was a nightmare. Continue reading


Imagine getting the call sometime past midnight at an out-of-town national sales conference that you need to immediately investigate a complaint from an employee who says that his female co-worker has sleepwalked into a bed in his hotel room.

That wasn’t on the SHRM-CP exam. Then again, no one forced you to become a Human Resources professional.

At least you’ll have another good story for the next cocktail hour.

Continue reading


An individual who wants to bring federal disability discrimination and retaliation claims against an employer can’t just go right to court. No, courts would choke with employment lawsuits.

Instead, she must first exhaust her administrative remedies at the U.S. Equal Employment Opportunity Commission by filing a charge of discrimination. But there’s a little more to it than that. Continue reading

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