Search
The Employer Handbook BlogCould your business require medical exams for all workers returning from extended leave?
Some of you are clutching your pearls and mouthing, “God, I hope so.” Continue reading
Articles Posted in Disability
Here’s when you may have to accommodate an employee’s use of CBD
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
These free resources can help you avoid disability discrimination claims when hiring using artificial intelligence
More employers now are using software, algorithms, and artificial intelligence to make smarter hiring decisions. There’s nothing inherently unlawful about that.
Except, consider this. Continue reading
Man missed deadline to file disability discrimination lawsuit by about 40 years. FORTY!!!
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
Company pays EEOC $79,000 rather than provide a pair of gloves to an employee with a skin rash
That reads a little bit like a headline from The Onion. Continue reading
Can an employee legally be fired for using over-the-counter CBD products?
Last night, I read this federal court opinion where a defendant, sued after firing a plaintiff who used CBD for her disability, got the entire case dismissed.
So, let’s talk about how and why. Continue reading
Was COVID-19 a disability for this plaintiff? How about you be the judge today?
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
How much medical information can we get from employees who may have disabilities?
The Americans with Disabilities Act has strict rules about the scope and manner of disability-related inquiries and medical examinations of workers. Continue reading
Why did a federal judge call an appellate decision on private COVID-19 mandates an “orgy of jurisprudential violence?”
And that’s just the tip of the iceberg in this blistering (albeit, PG-rated) 58-page dissent to yesterday’s non-precedential Fifth Circuit decision, in which the majority concluded that a private company’s workplace vaccine mandate could irreparably harm individuals with disabilities and strong religious beliefs. Continue reading