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The Employer Handbook BlogPreparing for Exceptions To Your Business’s COVID-19 Vaccine Program
Image by Shafin Al Asad Protic from Pixabay
I was in The Zone yesterday. Continue reading
Articles Posted in Disability
The ADA does not require accommodating medical marijuana use. But, what about synthetic THC?
Image by Erin Stone from Pixabay
The Americans with Disabilities Act requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, except when such accommodation would cause an undue hardship.
In the history of ADA, I don’t know of any court that has concluded that an employer must accommodate an employee’s use of medical marijuana. That’s because, federally, marijuana is still an illegal drug. (It’s on the Schedule One list). But, what about accommodating someone who uses medically-prescribed synthetic marijuana to treat the symptoms of an underlying disability? Continue reading
Want three ways to improve employment of U.S. veterans with disabilities? The EEOC has got your back.
Image by Shonda Ranson from Pixabay
Late last week, the EEOC revised and released three publications that discuss how the Americans with Disabilities Act (ADA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA) apply to veteran employees and those who employ them.
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HELP! My employee with a disability wants a reassignment to an open position. (But, we have a better internal candidate.)
Image Credit: reassign by Ralf Schmitzer from the Noun Project
Imagine that you have an employee who becomes disabled and can no longer perform the job’s essential functions. Being the good employer that you are, consistent with the Americans with Disabilities Act, you engage the employee in an interactive dialogue to explore possible reasonable accommodations. After a lot of back and forth, the only possibility is a transfer to another director position.
Except, here’s the thing. Continue reading
That time when all the employment lawyers got paid and the litigants got zilch!
Image by Clker-Free-Vector-Images from Pixabay
Just about the only folks guaranteed to get paid in an employment discrimination case are the lawyers. Continue reading
She settled her disability discrimination claim for cash and a lateral transfer. Then she sued for . . . retaliation?!?
Alexas_Fotos on Pixabay
If I felt a little snarkier, I would have gone with this instead of the confused emoji. Continue reading
Yes, your business can make all customers wear face coverings. Even folks that claim that they can’t.
Image by Viktor Ivanchenko from Pixabay
A few months ago, I blogged here about a lawsuit filed in a Pennsylvania federal court in which a plaintiff alleged that a grocery store’s inflexible policy of requiring all customers to face coverings — even the ones with documented medical issues — violated the Americans with Disabilities Act.
Late last week, the judge effectively stuck a pin in the plaintiff’s balloon by denying a request for an injunction. So, I want to tell you a little about this case. Stick around to read the plaintiff’s social media posts. It’ll be worth your while.
Yes, the Americans with Disabilities Act still applies during an employee’s initial “probationary period.”
Image by tigerlily713 from Pixabay
While I don’t have a ‘Dallas Cowboys’ — how ’bout dem Cowboys! — level of hatred for probationary periods for new employees, I do not like them. Continue reading
Supreme Court nominee Amy Coney Barrett on the ADA. Plus, Bill Murray’s attorney responds to that cease and desist 👀
Over the weekend, President Trump nominated Amy Coney Barrett, United States Circuit Judge of the United States Court of Appeals for the Seventh Circuit, to fill the open Supreme Court seat. Since this is an ***check notes*** employment law blog, many of you may be wondering how Judge Barrett would decide an employment law case on the Supreme Court. Continue reading
No, the Americans with Disabilities Act does not require accommodating CBD use
Courts across the country have consistently concluded that the Americans with Disabilities Act does not require an employer to accommodate an employee’s use of medical marijuana — even outside of work — to enable an employee with a disability to perform the essential functions of the job.
But, what about using cannabidiol (CBD) instead — like with a teensy bit of THC that’s not enough to get anyone high? Continue reading