The Employer Handbook

Articles Posted in Disability

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In the United States, medical marijuana use is legal in 33 states and the District of Columbia. However, the laws governing the use of medical marijuana vary from state to state. Continue reading

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Remember the employer that got socked with a six-figure jury award when it refused to allow a cashier to consume two bottles of orange juice from the store’s refrigerator to avoid slipping into diabetic shock?

Welp, that employer apparently has not yet mastered the Americans with Disabilities Act. Continue reading

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I’m sorry, dudes.

I totally meant to give you a blog post yesterday. I did.

But, the night before, which is when I generally compose this drivel, I got distracted. I was preoccupied with a certain MLB playoff game. Specifically, it was the one in which my Red Sox disposed of the Yankees, in Yankee Stadium, much to the chagrin of all of these losers.

I’m not a hater, I just blog a lot. Except on days after big Red Sox wins. Continue reading

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If you’ve been to one of my live Americans with Disability Act HR presentations, you’ve heard talk about a deaf lifeguard.

(If you haven’t and want a copy of my presentation, well, all you have to do is ask.)

In Keith v. County of Oakland, a deaf individual applied for a lifeguard position at Oakland County’s wave pool, only to be turned away.  Allegedly, Oakland County stereotyped Mr. Keith and failed to adequately engage in an interactive process to determine whether, notwithstanding his inability to hear, Mr. Keith could perform the essential functions of the job with or without an accommodation. Continue reading

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The Americans with Disabilities Act prohibits an employer from discriminating against a qualified individual with a disability. What is a “qualified individual”? It’s someone who can perform the essential functions of the job with or without a reasonable accommodation? Ok, what’s an “essential job function”?

Or better yet, can nonessential functions of a particular job later become essential ones?

That’s what we’re going to explore today. Continue reading

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