Articles Posted in Disability

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In anticipation of the triumphant return of The Employer Handbook Zoom Officer Hour on Friday, June 25 at Noon Eastern, when we’ll focus on answering all of your COVID-19 return to work questions, it struck me that one of the big issues is COVID-19 itself. Specifically, is COVID-19 a disability under the Americans with Disabilities Act?

If you haven’t done so already, go ahead and register here for this free event. And below, I’ll provide a sneak preview of how one court resolved whether COVID-19 is an ADA disability.

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The Americans with Disabilities Act requires employers to make reasonable accommodations to the known physical or mental impairments of an otherwise qualified individual with a disability. Technically, both courts and the U.S. Equal Employment Opportunity Commission consider reassignment to a vacant position to be a reasonable accommodation.

But, here’s the thing. Continue reading

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Image Credit: Pixabay (https://pixabay.com/en/marijuana-scales-legalization-drugs-2754249/)

It’s been a minute since I’ve gotten to blog about the Americans with Disabilities Act and accommodating an individual with a disability and a marijuana card who uses doctor-prescribed marijuana off the clock.

Better dust off the cannabis scales of justice for this one.

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Image Credit: Photofunia.com

Since the EEOC last updated its “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” resource document on December 16, 2020, it published proposed wellness rules only to walk them back less than a week later. So, several business groups wrote to the EEOC asking the big question: to what extent may employers offer employees incentives to get the COVID-19 vaccine without violating the Americans With Disabilities Act and other laws enforced by the EEOC.

It appears that we may get an answer soon. Continue reading

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