Articles Posted in Disability

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

 

As the U.S. Equal Employment Opportunity Commission’s fiscal year comes to a close, the agency has filed a slew of discrimination lawsuits. One that caught my eye involves an employer that allegedly rescinded an offer of employment once it found out that the individual was using prescription drugs to treat his prior heroin addiction.

Wait a minute! Can’t you terminate someone who has abused drugs? Continue reading

Mr Brainwash Biggie TupacThis may not be Magic vs. Bird or Biggie vs. Tupac. Those battles are too close to call.

But, if I were to ask you which side of the country, east coast or west coast, would offer greater judicial support for the employment rights of medicinal-marijuana cardholders, you’d say west for sure, right?

And you’d be wrong… Continue reading

“Doing What’s Right – Not Just What’s Legal”
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