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The Employer Handbook BlogThe ADA usually doesn’t require accommodating an employee’s first choice of yoga classes.
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Sometimes, the blogging gods lob me a softball. And when that happens, I know what to do. Continue reading
Articles Posted in Disability
Don’t forget leave as an ADA accommodation. (Yeah, that’s right. Leave!)
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Over the Summer, I blogged here about the Seventh Circuit’s decision in Severson v. Heartland Woodcraft, Inc. (opinion here).
In Severson, the Court concluded that “a multimonth leave of absence is beyond the scope of a reasonable accommodation under the ADA….Simply put, an extended leave of absence does not give a disabled individual the means to work; it excuses his not working.” (my emphasis)
It’s an excellent opinion for employers, especially those that do business in Indiana, Illinois, and Wisconsin.
But, I want to use today’s post to refocus and remind you that leave can be a reasonable accommodation under the Americans with Disabilities Act. Continue reading
Hey Handbook! Do we have to let our employee bring his emotional-support peacock to work?
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Bet you weren’t expecting that, were you? Continue reading
A lesson on workplace drug testing and opioids
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One of your potential hires just completed a five-panel drug test as a condition of employment, and he tested positive for opioids.
What do you do?
Will the Supreme Court sip from the FMLA ‘Holy Grail’?
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Okayyyyyy!
Oh, hold up. Not that Holy Grail. Continue reading
89,000 reasons to take a more holistic approach to workplace accommodations
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Here’s a reminder from the U.S. Equal Employment Opportunity Commission for employers to think twice about setting a deadline on an employee’s accommodation request. Continue reading
What does it take to be individually liable for discrimination? A lot.
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Most discrimination lawsuits involve a single, individual plaintiff and, on the other side of the “v,” a company as the sole defendant. But, sometimes, that plaintiff will name additional individual defendants too, such as a manager, supervisor, or even someone from Human Resources.
When that happens, what are the chances that the individual will end up legally responsible with the plaintiff prevails at trial?
Dear Handbook: Is it cool if I spray air fresheners to mask my co-worker’s obnoxious chronic body odor?
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For Amber Bridges, a former City of Indianapolis employee, it allegedly got her fired. Continue reading
Dude, where’s my car?
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The title of this blog post is somewhat misleading.
Yes, this post combines cars and employment law. But, more than anything, it was just an excuse to use this cool image, play The Cars – a song called “Drive,” no less – and say, “Dude, where’s my car?”
You’ll see what I mean. Continue reading
Hear ye! Hear ye! 45,000 reasons not to publicize details of an employee’s EEOC charge of discrimination
For those of you who work in HR, what do you do when you learn that an employee has filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission alleging a violation of the Americans with Disabilities Act?
Raise your hand if the answer is not publicizing details of the charge, including the employee’s name, union affiliation, and information about the medical restrictions on his ability to work, in a letter to 146 members of his union local. Continue reading