Articles Posted in Disability

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

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.

Continue reading

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

Rachel Malehorn / CC BY

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

By John Dorwin – <span class=”int-own-work” lang=”en”>Own work</span>, Public Domain, Link

In its recent COVID-19 Americans with Disabilities Act guidance, the U.S.  Equal Employment Opportunity Commission encouraged that employers be flexible in determining accommodations for employees during the pandemic. Some suggestions included temporary job restructuring of marginal job duties, temporary transfers to a different position, or modifying a work schedule or shift assignment to permit an individual with a disability to perform the essential functions of the job safely.

One employer may be learning this lesson the hard way. Continue reading