. ThatImage by Vidmir Raic from Pixabay
Yesterday, I wrote about a recent Second Circuit opinion in which the appellate court held that an employee with migraine headaches who requested a transfer to another supervisor didn’t have a disability under the Americans with Disabilities Act. That’s because his physical impairment didn’t substantially limit him from working. Continue reading
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The Americans with Disabilities Act protects applicants and employees from disability discrimination. When the Americans with Disabilities Amendments Act took effect in 2009, Congress lowered the bar for what constitutes a disability. Indeed, it’s gotten so low, that my usual advice to clients is not to sweat whether someone has a disability. Continue reading
I’ve seen enough “What employers should know about the Coronavirus” blog posts to know that I’m sick and tired of reading them.
But then the U.S. Equal Employment Opportunity Commission posted a Coronavirus update yesterday. And since I like clickbait as much as the next blogger, I’m going to summarize the EEOC’s Guidance for you today. Continue reading
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Every once in a while, a different client calls me with the same Americans with Disabilities Act question, “Eric, our employee tells us that she has a disability and needs and accommodation. Can we ask for medical documentation to help us evaluate whether an accommodation request is reasonable?”
Yep. Continue reading
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Let’s say that you have an employee prone to angry outbursts. Sound familiar? Continue reading
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By National Museum of American History – Image by Godot13, Public Domain, Link
Workplace accommodations can be easy.
For example, when an employee with carpal tunnel syndrome requests an ergonomic keyboard to perform his job, and his job involves a lot of typing, you get him the keyboard.
Or maybe you have an employee with Seasonal Affective Disorder, which is a type of depression that is exacerbated by gray overcast skies and poor indoor lighting. Several inexpensive lighting products can enable that employee to perform the essential functions of the job.
But, where employers often run into problems is with leave as an accommodation. Job transfers too.
In 2020, the Americans with Disabilities Act turns 30. President George H.W. Bush signed it into law in 1990 to ensure civil rights for individuals with disabilities. Chia-Yi Hou at The Hill published a nice 30-year ADA recap here.
By Augustus Binu, CC BY-SA 3.0, Link
Because I’m a lawyer, I’ll say it depends. Except, I won’t charge you 0.1 hours of my time to say it. Continue reading
Image Credit: https://freesvg.org/1550658029 (Public Domain)
Regular, in-person attendance is generally critical to performing one’s job. So, when an employee exhausts her twelve weeks of leave under the Family and Medical Leave Act only to miss another 33 days of work (resulting in a 59% absentee rate), one’s job security may be in jeopardy.
But, let’s back up a sec, as I tell you the facts of this disability discrimination case I read last night. Continue reading
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In the context of an employment discrimination lawsuit, when I think about a demotion, I’m also thinking of retaliation. Continue reading
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