Articles Posted in Disability

That time the EEOC recovered $250K for a C-Suite employee who claimed disability discrimination

February 17, 2022 | by Eric B. Meyer

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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!

What do you get when you cross a forklift operator using opioids with HR playing doctor?

February 15, 2022 | by Eric B. Meyer

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You get a jury trial on an Americans with Disabilities Act claim. Continue reading

What the heck is ‘bleisure’ and how could your company get sued over it?

February 9, 2022 | by Eric B. Meyer

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People ask me if I like to read. Continue reading

Is this the worst batch of retaliatory emails I’ve ever read? Maybe.

February 1, 2022 | by Eric B. Meyer

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Print this post if you want to discourage your managers and supervisor from putting dumb sh*t in emails that might one day get shown to a jury and end up costing your business a mint. Continue reading

Here are 150,000 reasons not to play doctor when your employee tells you that she may have cancer.

January 31, 2022 | by Eric B. Meyer

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In 2020, the U.S. Equal Employment Opportunity Commission sued two employers for terminating a title clerk working at their automobile dealership allegedly over fears that she might have cancer. Continue reading

“Liberal” Supreme Court Justice Stephen Breyer is retiring. Here are three times he joined “conservative” justices when deciding employment law cases.

January 27, 2022 | by Eric B. Meyer

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Yesterday, several news outlets reported that Supreme Court Justice Stephen Breyer will retire at the end of this term. President Bill Clinton appointed Justice Breyer in 1994. Justice Breyer sided with OSHA and HHS in the vaccine mandate cases earlier this month. Indeed, Breyer is considered one of the more “liberal” justices.

But did you know that some (or all) of the “conservative” justices joined in significant employment law decisions that Justice Breyer authored? Continue reading

This employer provided a flu shot accommodation that DID NOT work. And it still WON the lawsuit. HOW?!?

December 29, 2021 | by Eric B. Meyer

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Here’s a reminder that the duty to accommodate an employee under the Americans with Disabilities Act neither requires providing the employee’s preferred accommodation nor an accommodation that is 100% successful.

Instead, it’s about doing what’s reasonable based on the information available at the time.

I’ll explain. Continue reading

On a scale of 😴 to 🤯, let’s score the EEOC’s latest guidance on whether COVID-19 is a disability

December 15, 2021 | by Eric B. Meyer

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I was skeptical. Continue reading

The EEOC updated its COVID-19 guidance again with new information on retaliation

November 18, 2021 | by Eric B. Meyer

Image Credit: finger pointing by BomSymbols from the Noun Project

While nerds like me were flooding LinkedIn with status updates about Sixth Circuit this and OSHA ETS that, the U.S. Equal Employment Opportunity Commission was ~~hosting a secret “virtual dialogue” with the employer Illuminati about retaliation~~ updating its COVID-19 Technical Assistance to include additional information on retaliation.

Anything 🤯? Continue reading

Is indefinite unpaid leave irreparably harmful to employees that don’t get vaccinated?

November 10, 2021 | by Eric B. Meyer

Image by Dominic Wunderlich from Pixabay

On Monday, a Texas federal court dealt with a nuanced issue relating to vaccine mandates. Continue reading

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