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165,000 reasons to remember that associational discrimination violates the ADA
165,000 reasons meaning 165,000 dollars. But, you probably figured that out.
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165,000 reasons meaning 165,000 dollars. But, you probably figured that out.
Continue reading
Do you require potential hires to pass a drug test as a condition of employment?
If so, there are some limits as to what you can do.

Are you prepared to address drug- and alcohol-related disabilities and leave issues under the FMLA and ADA?
At some time in their lives, millions of Americans have abused drugs and alcohol. While many are in recovery, others continue their struggle. Inevitably, your workforce will feel the impact.
Join this new discussion to learn about the applicable employment laws, available accommodations and leave options under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) and hear recent court cases and legislation and take away some best practices you/your organization can use.

The Americans with Disabilities Act requires an employer to provide a reasonable accommodation to an employee with a disability, when doing so will permit that employee to perform the essential functions of the job. Examples of reasonable accommodations include reassigning non-essential job functions to other employees, a transfer to another open position for which the employee is qualified, and temporary light-duty assignments.
But what about permanent light duty?

Are you prepared to address drug- and alcohol-related disabilities and leave issues under the FMLA and ADA?
At some time in their lives, millions of Americans have abused drugs and alcohol. While many are in recovery, others continue their struggle. Inevitably, your workforce will feel the impact.
Join this new discussion to learn about the applicable employment laws, available accommodations and leave options under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) and hear recent court cases and legislation and take away some best practices you/your organization can use.
My skin crawls thinking about the Google search terms that will land some HR professionals on this post, which involves a failed suicide attempt. Hopefully, this is not a practice tip upon which you’ll need to draw in the course of your HR career.
But, just in case…
Look, cut me some slack here.
It’s 1:45 AM local time in New Orleans. This is my fourth major city in less than a week, having just arrived in town from San Francisco, where I spoke with EEOC General Counsel David Lopez on LGBT workplace rights at the EEOC EXCEL Conference. Instead of doing some last-minute preparing for tomorrow’s spiel at the 2016 DMEC Annual Conference — or, better yet, sleeping — I’m giving you a blog post about the discrimination implications of farting at work.
Please send my Pulitzer to Philadelphia.
I imagine that this juice won’t be worth the squeeze.
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Want to sit at the cool table next week at SHRM16? Well, I’ll be there. So, if you’d like the secret password or just want to meet a real blogging-employment-lawyer legend in person, email me. (Yes, I’ll have some swag).
Or, head over the EEOC’s website, print out this Sample ADA Notice for your employer-sponsored wellness program, and memorize the EEOC’s “Questions and Answers: Sample Notice for Employees Regarding Employer Wellness Programs.”
Then, while the rest of those nerds are Snapchatting about Strategizing Radical Change by Becoming a Disruptive Leader, show ’em some side eye, and bask in your ADA/GINA compliance.
Head on over to the EEOC’s website (here) to check out: