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Articles Posted in Disability
The 6 Ways “Covfefe” Can Improve HR Compliance

It all began last week with a (possible) typographical error in a tweet from our 45th President, “Despite the constant negative press covfefe.”
At first, President Trump’s tweet confused us; “covfefe” even stumped a spelling bee champ while creating a spike in demand for novelty license plates.
But then President Trump doubled down on Twitter, “Who can figure out the true meaning of “covfefe” ??? Enjoy!” Well, his Press Secretary, Sean Spicer, told reporters, “The president and a small group of people know exactly what he meant.”
Folks, you’re in luck! As part of that small group of people, I know exactly what President Trump met. You see, “covfefe” is the solution to all of your HR-compliance problems.
I don’t recall the ADA saying anything about reasonable-er accommodations.
Hopefully, I didn’t miss something. (Oh, so you’re saying that, maybe, “reasonable-er” isn’t a word.)
Well, I do have a point here. Somewhere. Continue reading
FMLA & ADA: Two peas in a pod
I love my readers.
Like my youngest daughter with a pile of peas, my readers devour HR-compliance wonk and nuance. Continue reading
Pay attention HR! Transgender employees may have ADA (disability) rights too.
My decision to sit at the computer and begin blogging at 10:48 PM on a Sunday has backfired on me, for sure. Continue reading
A trucking company agrees to pay $65K, because it didn’t hire an amputee to drive its trucks

Yep, we’re gonna continue yesterday’s discussion of how stereotyping and false assumptions can create yuuuuuuge Americans with Disabilities Act problems for employers. Continue reading
Fear of the Ebola Monster, and acting on other stereotypes, can create scary ADA lawsuits

There are three types of disabilities under the Americans with Disabilities Act:
- a physical or mental impairment that substantially limits one or more major life activities (an “actual disability”), or
- a record of a physical or mental impairment that substantially limited a major life activity (“record of”), or
- an actual or perceived impairment that is not both transitory and minor (“regarded as”).
It’s the “regarded as” prong that I’m going to address today with a little help from the EEOC and Yo Gabba Gabba. Continue reading
Join me for a free ACA / ADA / FMLA event next month!

Do employee-leave issues and ACA woes have you feeling like this?
Well, next month, my friends at Kistler Tiffany and I have got your back. We’re presenting two free, live seminars to help you tackle your ACA, ADA, and FMLA issues.
- The first will be on Wednesday, May 10, 2017 from 9:30 AM to 11:30 AM in Berwyn, PA.
How the heck does a plaintiff without a disability go to trial on her ADA claims?!?
The biggest impact on employers, when the Americans with Disabilities Act Amendments Act took effect on January 1, 2009, was to downplay whether an employee actually had a disability, and get businesses focusing more on whether there existing a reasonable accommodation that would permit an employee to perform the essential functions of the job.
Many management-side employment lawyers joked that, under the ADAAA, everyone had a disability. That’s how easy it was to establish.
Well, except maybe a cleft palate.
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