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The Employer Handbook BlogGenerally, an employer’s duty to accommodate takes more than an employee merely disclosing a disability
In a recent Fourth Circuit decision, the plaintiff learned this lesson the hard way. Continue reading
Articles Posted in Disability
An employer settled claims it refused to accommodate a pregnant worker who then miscarried
“Miscarriages can be personally devastating. No one should have to choose between getting the pregnancy care they need and losing a job.” Continue reading
An employer that fired an employee for a positive marijuana test may have discriminated against him too.
Right or wrong, an honest belief may be all it takes to proffer a nondiscriminatory reason for an adverse employment action. Continue reading
How do we help an employee who blurts obscenities and racial slurs to our customers uncontrollably?
Recently, I read a recent federal appellate court decision involving an employee with a rare form of Tourette Syndrome that caused him to use obscenities and racial slurs. While that could be dicey around coworkers, this employee’s job required excellent customer service skills while making deliveries and interacting with said customers.
And that’s when things got complicated.
145,000 reasons not to tell an employee they have “old-timers disease.”
Also, it is a bad idea to give that same employee a “retire-or-be-fired” ultimatum shortly after they return from bypass heart surgery. Continue reading
It’s 2024 and federal law still does not protect medical marijuana users from getting fired for testing positive.
Historically, federal courts have determined that the Americans with Disabilities Act does not protect individuals with disabilities with valid medical marijuana prescriptions who lose their jobs for testing positive.
But, in 2024, most states have recognized the medical benefits of cannabis and have legalized it for medical use by their residents. Will this translate into viable ADA discrimination claims?
This Employee Relations Department redeemed itself (sort of).
Earlier in the week, I shared four ways to BOTCH a sexual harassment investigation. My “muse” was an Employee Relations Department that caught the attention of the EEOC for its alleged poor handling of an employee’s complaints of sexual harassment.
But I appreciate a good comeback story, don’t you? And I’ve got one for you today. Continue reading
In January, a 78-year-old receptionist was named “Employee of the Year.” In February, she was fired.
This sounds like something that might interest the U.S. Equal Employment Opportunity Commission. Continue reading
How do we help our employee who tells us she has early-onset Alzheimer’s disease?
Hopefully, your business never has to address a situation where an employee is suffering from progressive memory loss and cognitive decline. But, suppose one of your employees informs you that they have early-onset Alzheimer’s disease.
How should the company respond?
A federal jury awarded $1,675,000 to a deaf applicant passed over for two warehouse positions
Before discussing the jury verdict, I’ll tell you a little about how we got here.
Continue reading