Disability

Does an employee have an ADA ‘disability’ if it substantially limits the major life activity of ‘working’?

April 16, 2019 | by Eric B. Meyer

Image Credit: Pexels.com (https://www.pexels.com/photo/working-in-a-group-6224/)

Ever since the amendments to the Americans with Disability Act took effect in 2009, management-side employment lawyers have preached to clients that they should focus more on accommodating a disability rather than whether an employee has a disability in the first place.

But, what if you have an employee who seeks an accommodation — time off — for a condition that she claims impacts her ability to work?

Hmmm…

285,000 reasons that your company president shouldn’t ridicule an employee with a disability. Especially not in email.

April 15, 2019 | by Eric B. Meyer

Lorimar Productions/NBC [Public domain], via Wikimedia Commons

In 1976, Sally Field played Sybil in the eponymous TV movie. Sybil was a teacher who suffered a breakdown in front of her students, only to be diagnosed with dissociative identity disorder. Throughout the movie, Sybil exhibits multiple personalities — 16 in all.

Some may even consider Sybil to be ‘crazy.’

Or at least someone with a mental impairment that substantially limits one or more major life activities a/k/a a disability. Continue reading

Looks can be deceiving. Morbid obesity isn’t necessarily a disability.

April 8, 2019 | by Eric B. Meyer

Image Credit: Photofunia.com (http://photofunia.com/results/5ca8a63b846d788d968b457e) (What a strange thing to write on a window.)

Even in New Jersey, where employment law is ‘Mister Rogers’ friendly to employees. Continue reading

Another New Jersey court weighs in on MedMar accommodations…and it’s WILD!

April 1, 2019 | by Eric B. Meyer

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

The case is called Wild v. Carriage Funeral Holdings, Inc. So, yeah, it’s “Wild.”

And so as not to bury the lede, the court concluded that the plaintiff, a medical marijuana user, could pursue discrimination claims under the New Jersey Law Against Discrimination (the LAD) against his employer. Continue reading

Fact or Fiction: Can an employee pursue a hostile work environment claim based on his disability?

March 28, 2019 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/en/question-mark-note-duplicate-457454/)

That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.”

It’s your fault that this post is so short. Continue reading

EEOC: A company that helps people with disabilities violated the Americans with Disabilities Act.

March 26, 2019 | by Eric B. Meyer

https://www.theemployerhandbook.com/files/2019/03/www.maxpixel.net-Ironic-Humor-Rock-Irony-Nothing-Is-Written-In-Stone-527756-1.jpg

Ironic Humor Rock Irony Nothing Is Written In Stone (https://www.maxpixel.net/Ironic-Humor-Rock-Irony-Nothing-Is-Written-In-Stone-527756)

Isn’t it ironic? Don’t you think? Continue reading

A pharmacist claims that his employer should have accommodated his fear of needles. And he may be right.

March 18, 2019 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/photos/syringe-medical-finger-957260/)

Over the weekend, I read a recent federal appellate court opinion about a pharmacist who alleged that his former employer discriminated against him by failing to accommodate his fear of needles. Continue reading

This parking company may have assumed that a deaf applicant wasn’t right for a valet job. But, what happens when you assume? 🤔

February 28, 2019 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/vectors/attendant-car-parking-service-148647/)

Imagine that you operate a valet parking service at a large hotel and you’re looking to hire a parking attendant. Your 10 am interview arrives. You say, “good morning.” He responds in sign language.

He’s deaf.

A deaf parking attendant?!?

Another court greenlights discrimination claims for a medical marijuana user fired for failing a drug test

January 22, 2019 | by Eric B. Meyer

By xrmap flag collection – Based on image from xrmap flag collection 2.7, colors from image at World Flag Database, Public Domain, Link

In the United States, medical marijuana use is legal in 33 states and the District of Columbia. However, the laws governing the use of medical marijuana vary from state to state. Continue reading

EEOC hauls in over $5M from two employers accused of pregnancy discrimination. Here are some ways to keep your money.

December 12, 2018 | by Eric B. Meyer

Image Credit: Pixabay.com

Read on to see how your business can avoid being part of this exclusive club. Continue reading