Articles Posted in Disability

A few weeks ago, I blogged about a situation involving an employee who used CBD products and tested positive for marijuana at work. She claimed that the employer took into account her underlying disability when it terminated her employment and violated the Americans with Disabilities Act. The employer countered that it did know she was disabled. So, the employer won.

But, now, let’s change the facts. Continue reading

His claims were so old that they predate the Americans with Disabilities Act of 1990.

Let’s see how his ADA lawsuit turned out.

(Spoiler alert: Not well). Continue reading

That reads a little bit like a headline from The Onion. Continue reading

Fortunately, the COVID-19 pandemic is waning. Yet, past workplace incidents are now surfacing in court as COVID-19 discrimination lawsuits. A common thread with many of these lawsuits is an employee with COVID-19 who gets fired and claims disability discrimination.

That begs the question: when is COVID-19 a disability under the Americans with Disabilities Act?

I’ll supply a fact pattern. You grab a gavel, black robe, and perhaps one of those white wigs, and we’ll see what you think. Continue reading

The Americans with Disabilities Act has strict rules about the scope and manner of disability-related inquiries and medical examinations of workers. Continue reading

Proving that the U.S. Equal Employment Opportunity Commission doesn’t just enforce anti-discrimination laws on behalf of the “little guy,” the EEOC announced on Monday that it had recovered $250,000 from a company that allegedly terminated its former CFO because of his disability.

Yes, that’s when it happened. Or, at least when the EEOC announced a settlement that it had reached — Happy Valentine’s Day!

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