Articles Posted in Disability

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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

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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

“Doing What’s Right – Not Just What’s Legal”
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