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The Employer Handbook BlogRemote Professor? A School’s No-Remote Rule Could Not Avoid an Accommodation Trial
A no-remote rule sounds straightforward. It became much less so when a professor with an autoimmune condition requested an accommodation.
Articles Posted in Disability
A False Cancer Diagnosis Could Not Cure the Employer’s Very Real ADA Problem
He claimed that when he told his employer he had cancer, his boss reacted by saying, “Are you f*****g kidding me? Your obligations are here.” As it turned out, the diagnosis was wrong. That did not spare his employer from facing an ADA trial.
99.9% of Germs Eliminated. Also Her ADA Claims.
Keeping disinfectant in the office during the pandemic was understandable. Following coworkers around and spraying it on their clothes and sometimes in their mouths was not. Continue reading
Why an Open Job Beats Unpaid Leave When an Employee Can Work
The employee asked his manager about less physically demanding jobs. The manager offered to contact the risk department, then could not remember whether he ever did.
Can 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.
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.