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The Employer Handbook Blog145,000 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
Articles Posted in Disability
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
Next time, just give her the damn stool.
Last night, I went shopping on Amazon for a new stool. Continue reading
Reasonable accommodations for disabled employees need to be reasonable, not perfect
I won’t bury the lede, which I’ll quote from the Fourth Circuit decision I read last night. Continue reading
Here’s your annual reminder not to misjudge and stereotype when employees with disabilities may be a “direct threat” to others.
You’re not a doctor.
(Unless you’re a doctor.)
So don’t act like one when deciding which of your employees may be a direct threat to others at work.
(Unless you like defending Americans with Disabilities Act claims). Continue reading
85,286 reasons not to treat an employee differently because their family member is disabled
The Americans with Disabilities Act requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment. However, the ADA does not require an employer to assist a person without a disability due to that person’s association with someone with a disability. Still, an employer cannot discriminate against an employee or applicant because of that person’s association with someone with a disability.
It’s called associational discrimination.