Articles Posted in Disability

Get your damn story straight if you’re going to fire someone who just returned from medical leave.

September 10, 2019 | by Eric B. Meyer

I’ve talked a fair amount recently about retaliation claims (here and here), mostly focusing on timing as the possible link between a protected activity (such as a complaint of discrimination) and an adverse employment action (like a firing).

The plaintiffs in those cases were unsuccessful in proving retaliation. And, in the case about which I’m blogging today, the employer almost prevailed on summary judgment too.

Almost. Continue reading

Vacation Thread: The Zamboni-Drivin’ Disability-Discriminatin’ Lawsuit

August 22, 2019 | by Eric B. Meyer

-Cinderella Castle at Magic Kingdom Walt Disney World - panoramio.jpg

By Ivan Curra, CC BY-SA 3.0, Link

(Not pictured: Eric Meyer; probably off grabbing a Dole Whip (adult version) and a turkey leg). Continue reading

Blame it on the a a a a a alcohol

August 8, 2019 | by Eric B. Meyer

Image by Social Butterfly from Pixabay

When can you ask an employee if s/he has a problem with alcohol? Continue reading

Filling out those EEO-1s stinks. But, it could be worse…

August 1, 2019 | by Eric B. Meyer

Seal of the United States Equal Employment Opportunity Commission.svg

By U.S. Government – Extracted from PDF file here., Public Domain, Link

I want to give a little shoutout to the U.S. Equal Employment Opportunity Commission, with whom I am spending the day today in Atlanta at the 22nd annual Examining Conflicts in Employment Laws (EXCEL) Training Conference.

So, today’s post is chock full of recent EEOC news and notes. Continue reading

Does over-accommodating an employee’s disability expose your business to ADA claims?

July 30, 2019 | by Eric B. Meyer

By Flickr user Tyler Silvest Wikideas1 (talk) 21:43, 7 November 2016 (UTC) – Here, CC BY 2.0, Link

Well, it could.

But, will the plaintiff win? That’s a different story. Continue reading

The top five, juiciest, greatest-ever HR compliance posts that I’ve read in the past 24 hours

July 18, 2019 | by Eric B. Meyer

Image by PixLoger from Pixabay

But, first, I have a confession to make. I only read six posts. Continue reading

Does randomly re-testing employees who earlier test positive for drugs or alcohol violate the ADA?

July 17, 2019 | by Eric B. Meyer

130107-M-KX456-002-300x186

It’s an interesting theory. And by ‘interesting,’ I mean…

It is SO DARN EASY for one of your employees to pursue a discrimination claim. But, here’s the thing…

July 12, 2019 | by Eric B. Meyer

Photo by Sabine Gausemeier from Pexels

How easy is it? Easier than Sunday morning, which is easier than beating the New York Mets on Sunday afternoon. Continue reading

40,000 reasons to remember that the duty to accommodate in your workplace begins right away

July 10, 2019 | by Eric B. Meyer

Image by Clker-Free-Vector-Images from Pixabay

They line up around the block. Continue reading

How NOT to handle an employee’s return to work from heart surgery.

June 28, 2019 | by Eric B. Meyer

Jarould [CC BY-SA 4.0], via Wikimedia Commons

It’s one thing to ask an employee returning to work from surgery, “How can we help you?”

It’s quite another to insist upon work restrictions.

The former is caring; the latter may be discrimination based on a perceived disability. Continue reading

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