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The Employer Handbook BlogThree wins for readers of The Employer Handbook
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And it’s only Tuesday! Continue reading
Articles Posted in Disability
Does the ADA protect someone recovering from drug addiction? Yep.
Image Credit (Photo by: | VIRIN: 131224-F-IM476-001.JPG)
I’m sorry, dudes.
I totally meant to give you a blog post yesterday. I did.
But, the night before, which is when I generally compose this drivel, I got distracted. I was preoccupied with a certain MLB playoff game. Specifically, it was the one in which my Red Sox disposed of the Yankees, in Yankee Stadium, much to the chagrin of all of these losers.
I’m not a hater, I just blog a lot. Except on days after big Red Sox wins. Continue reading
Deaf lifeguards, deaf truck drivers, and the dangers of stereotyping an individual with a disability.
Image Credit: Pixabay.com (https://pixabay.com/en/truck-18-wheeler-freight-shipping-309398/)
If you’ve been to one of my live Americans with Disability Act HR presentations, you’ve heard talk about a deaf lifeguard.
(If you haven’t and want a copy of my presentation, well, all you have to do is ask.)
In Keith v. County of Oakland, a deaf individual applied for a lifeguard position at Oakland County’s wave pool, only to be turned away. Allegedly, Oakland County stereotyped Mr. Keith and failed to adequately engage in an interactive process to determine whether, notwithstanding his inability to hear, Mr. Keith could perform the essential functions of the job with or without an accommodation. Continue reading
Eric’s Wild-n-Crazy HR-Compliance Road Show – Coming atcha!
If my wide open collar and disco moves aren’t “gritty” enough for you, well, I can fix that. Continue reading
Can you ban your employees from wearing Nike apparel at work?
By Timidonfire [Public domain], from Wikimedia Commons
Controversy. Continue reading
So, you want to change the essential functions of a particular job, do you? Let’s talk ADA.
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The Americans with Disabilities Act prohibits an employer from discriminating against a qualified individual with a disability. What is a “qualified individual”? It’s someone who can perform the essential functions of the job with or without a reasonable accommodation? Ok, what’s an “essential job function”?
Or better yet, can nonessential functions of a particular job later become essential ones?
That’s what we’re going to explore today. Continue reading
EEOC: HR didn’t want to set a disabled employee up for failure, so the company fired her instead.
By Gooddeedsday [CC BY-SA 4.0 ], from Wikimedia Commons
This isn’t that situation. Continue reading
NJ federal court: Employers don’t have to excuse medical marijuana users from taking workplace drug tests
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By any reasonable, objective measure, New Jersey was having a pretty good employee-rights run in 2018 — even by NJ standards. Continue reading
Bah-gawd, those were two hecka-expensive bottles of orange juice!
By Agricultural Research Service ([1]) [Public domain or Public domain], via Wikimedia Commons
For one variety store chain accused of failing to accommodate and then firing a diabetic cashier who had to take a few bottles of orange juice from the store refrigerator to avoid seizing or passing out, well, the company swung hard!
- Motion for Summary Judgment (whiff!)
- Jury trial (whiff!)
- Appeal to the Sixth Circuit Court of Appeals (steeeeeeeerike three!)
Could an unhealthy Snapchat selfie addiction spiral into an ADA workplace disability?
Image Credit: Pixabay.com (https://pixabay.com/en/snapchat-mobile-phone-social-media-1374859/)
A recent American Medical Association study suggests that it could. Continue reading