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The Employer Handbook BlogEric’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
Articles Posted in Disability
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.
Image Credit: Photofunia.com (http://photofunia.com/results/5b90809e846d78530d8b45d5)
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
Photo by: | VIRIN: 110402-F-5068D-001.JPG (http://www.514amw.afrc.af.mil/News/Articles/Article/194292/random-drug-test-rates-rise-dramatically/)
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
Fact or Fiction: The ADA requires accommodating an employee to care for a relative with a disability?
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.” Continue reading
So, how many of you think that your HR Generalists need to come to work all the time? Read this post.
By Arunkumar Umapathy [CC BY-SA 4.0 ], from Wikimedia Commons
Here were are again.
Another ADA case. Another Sixth Circuit appeal (Hostettler v. College of Wooster – opinion here). Another request for a modified work schedule. And another unsuccessful plaintiff at the lower court.
But, this wasn’t just any plaintiff. Continue reading
She couldn’t workout at her preferred time, so she quit her job. And sued.
Image Credit: Pixabay.com (https://pixabay.com/en/pen-letters-leave-envelope-2912932/)
Imagine arriving at work where, waiting for you, is a letter addressed to you from the Sixth Circuit Court of Appeals. You know that inside that large envelope is a copy of the Sixth Circuit’s opinion in the Americans with Disabilities Act case in which you previously filed an appeal on behalf of your client.
And it’s in those seconds before you tear open the envelope that you think maybe, just maybe, the appellate court would reverse the lower court’s ruling in favor of the employer and deliver justice for your client.
Then you start reading the first paragraph of the opinion: Continue reading