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The Employer Handbook BlogDid you miss yesterday’s #NextChat on Managing the Challenges of Leave Under the FMLA and ADA?
Image Credit: SHRM.org
Don’t worry about it. Continue reading
Articles Posted in Disability
#Nextchat: My Employees Can Miss How Much Work?! Managing the Challenges of Leave Under the FMLA and ADA #SHRM19
Image Credit: SHRM.org
Last night, after the big Sixers win over the Raptors, I checked out the EEOC Newsroom to hunt for blog fodder for today.
That’s when I noticed that four of the five most recent EEOC press releases addressed claims of disability discrimination under the Americans with Disabilities Act. Continue reading
The readers have three follow-up ADA questions about job applications. Let’s answer them.
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On Wednesday, I blogged, “If your job applications look anything like this, well, damn, you’ve got some ADA problems.”
“This” was a medical questionnaire that inquired about certain medical conditions, whether the employee had an impairment or disability, and whether the employee had previous surgery or received a permanent disability rating.
In other words, questions that were designed to elicit information about whether an individual has a disability.
Not surprisingly, readers asked some good follow-up questions about related ADA issues; stuff that wasn’t part of the low-hanging fruit that the EEOC plucked when it sued the employer with the bad medical questionnaire.
For everyone’s benefit, let’s address those questions today. Continue reading
If your job applications look anything like this, well, damn, you’ve got some ADA problems.
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I remember once I had a colleague asked me to review an addendum to a job application for a client to make sure it was all good and legal.
It wasn’t.
Continue reading
Does an employee have an ADA ‘disability’ if it substantially limits the major life activity of ‘working’?
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?
285,000 reasons that your company president shouldn’t ridicule an employee with a disability. Especially not in email.
Lorimar Productions/NBC [Public domain], via Wikimedia Commons
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.
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!
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?
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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.
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Isn’t it ironic? Don’t you think? Continue reading