Articles Posted in Disability


Image by chenspec from Pixabay

Last week, this Vyopta / Wakefield Survey about employee use of remote technology began making the rounds. The press release highlights “Online Accountability,” noting that nearly a quarter of those surveyed reported they have seen an employee fired because of video or audio conference mistakes. It seems that business leaders expect employees to figure it out — or pay the price.” Continue reading


Image by mohamed Hassan from Pixabay

It’s tough enough dealing with employees who submit shady doctor notes to avoid masks or getting a COVID-19 vaccination. (I find that letterhead printed on a Saltine is a dead-bang giveaway.) But, what happens to the doctors that write these opt-out letters?
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Hey, they can’t all be hip hop HR posts. But, you’ll be thanking me for helping to sleuth out what appears to be a big medical and religious  COVID-19 vaccination accommodation scam now percolating on the West Coast and coming soon to a city near you. Continue reading

According to Bloomberg Law, “broad liability protections that shield most or all businesses [from COVID-19 liability are in] roughly half of all states now.”

So let’s say that one of your employees is immunocompromised with an underlying disability, and she seeks an accommodation to mitigate the risk of her increased vulnerability to COVID-19. If the employers fail to accommodate, do “broad liability protections” under state law also foreclose COVID-19-related claims arising under the Americans with Disabilities or equivalent state disability-discrimination law?

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Service dog in training resting

Jami430, CC BY-SA 4.0, via Wikimedia Commons

Once during mediation, a federal judge asked me if I knew which type of discrimination jurors hated the most? I thought maybe age discrimination or retaliation, which jurors could either relate to personally or through a spouse or parent.

“No,” said the federal judge. “The answer is discrimination against veterans.” Continue reading

Last week, I read the news that Sha’Carri Richardson, one of the favorites to win Olympic gold for the United States in the women’s 100-meter dash, was suspended for a month for testing positive for marijuana. As a management-side employment lawyer, I’ll admit that my initial reaction was that she broke the rules and deserved the discipline associated with the infraction.

Then, I thought to myself, that is a really dumb rule. Continue reading

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