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The Employer Handbook BlogHey 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
Articles Posted in Disability
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
Grab your company’s job applications and ADA pearls. Now, click this post and clutch tightly.
A few years ago, one of my colleagues emailed me and asked if I would review a particular question on a client’s job application. Specifically, the client wanted to know whether a certain health-related inquiry was something the client could do before extending a conditional offer of employment.
Well, not only was this particular question unlawful, so were the other four I found on the job application. They all violated the Americans with Disabilities Act. Every. Damn. One.
But, was this an anomaly? If we drained the ADA-noncompliance swamp, would we only find this employer?
My bottles of Drakkar Noir and left arm adorned in shiny Rowleckses says, “No.” Continue reading
