Oh, I was just asking. I thought you knew. Continue reading
Articles Posted in Disability
Before your business rewards employees for getting the COVID-19 vaccine, read this. (It may save you a lawsuit.)

Image by Shafin Al Asad Protic from Pixabay
According to a recent SHRM survey, most companies will encourage employees to get the COVID-19 vaccine — but not require it. Many employers, like this one, may even incentivize employees to get the vaccine by offering them money or extra PTO days to get the needle.
But, if you’re thinking about doing something similar, slow your roll. According to the U.S. Equal Employment Opportunity Commission (EEOC), you may end up unwittingly violating the Americans with Disabilities Act (ADA). Continue reading
Brand new DOL guidance and the rest of what’s on tap for today’s “Zoom Office Hour” at Noon EST

JMacPherson from Calgary, Canada, CC BY 2.0, via Wikimedia Commons
I won’t judge you if you don’t judge me. 🤐 Continue reading
“Let’s upstage The Employer Handbook by releasing our vaccine guidance” — EEOC, possibly

Image by OpenClipart-Vectors from Pixabay
Approximately 6 hours and 37 minutes after my blog post yesterday about “Preparing for Exceptions To Your Business’s COVID-19 Vaccine Program” went live, I received an email from the U.S. Equal Employment Opportunity Commission.
It read something like this: Continue reading
Preparing for Exceptions To Your Business’s COVID-19 Vaccine Program

Image by Shafin Al Asad Protic from Pixabay
I was in The Zone yesterday. Continue reading
The ADA does not require accommodating medical marijuana use. But, what about synthetic THC?

Image by Erin Stone from Pixabay
The Americans with Disabilities Act requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, except when such accommodation would cause an undue hardship.
In the history of ADA, I don’t know of any court that has concluded that an employer must accommodate an employee’s use of medical marijuana. That’s because, federally, marijuana is still an illegal drug. (It’s on the Schedule One list). But, what about accommodating someone who uses medically-prescribed synthetic marijuana to treat the symptoms of an underlying disability? Continue reading
Want three ways to improve employment of U.S. veterans with disabilities? The EEOC has got your back.

Image by Shonda Ranson from Pixabay
Late last week, the EEOC revised and released three publications that discuss how the Americans with Disabilities Act (ADA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA) apply to veteran employees and those who employ them.
Continue reading
HELP! My employee with a disability wants a reassignment to an open position. (But, we have a better internal candidate.)

Image Credit: reassign by Ralf Schmitzer from the Noun Project
Imagine that you have an employee who becomes disabled and can no longer perform the job’s essential functions. Being the good employer that you are, consistent with the Americans with Disabilities Act, you engage the employee in an interactive dialogue to explore possible reasonable accommodations. After a lot of back and forth, the only possibility is a transfer to another director position.
Except, here’s the thing. Continue reading
That time when all the employment lawyers got paid and the litigants got zilch!

Image by Clker-Free-Vector-Images from Pixabay
Just about the only folks guaranteed to get paid in an employment discrimination case are the lawyers. Continue reading
She settled her disability discrimination claim for cash and a lateral transfer. Then she sued for . . . retaliation?!?

Alexas_Fotos on Pixabay
If I felt a little snarkier, I would have gone with this instead of the confused emoji. Continue reading