Disability

Can you refuse to hire a person whom you fear may have a future disability?

April 6, 2016 | by Eric B. Meyer

Over the next few days. you may read a bunch of headlines about yesterday’s Eighth Circuit decision in Morris v. BNSF Railway (opinion here), touting the court’s holding that obesity, by itself, is a not a disability under the Americans with Disabilities Act. Specifically, the court concluded that “for obesity, even morbid obesity, to be considered a physical impairment, it must result from an underlying physiological disorder or condition.” The Eighth Circuit’s conclusions aligns with prior decisions from the Sixth Circuit (opinion here) and the Second Circuit (opinion here).

But, that’s not what caught my attention.

Yes, working overtime can be an essential job function under the ADA

April 1, 2016 | by Eric B. Meyer

Back in 2012, when I wasn’t part of this new protected class, I wrote here about whether an employer would violate the Americans with Disabilities Act by requiring an employee to work overtime. The takeaway from that post was, yes, if working a minimum number of hours each week is an essential job function, disabled or not, an employee needs to work those hours.

On Wednesday, the Eleventh Circuit Court of Appeals revisited this issue. Let’s see what happened…

Welcome to the intersection of ADA and FMLA

March 31, 2016 | by Eric B. Meyer

Kinda like Welcome to the Jungle, except with a lot less GnR. Or maybe like the famous intersection of Hollywood and Vine, except, not famous and all. And, let’s face it, the only sightseeing at FMLA/ADA is done by dorks like us.

Who wants to pose with me for a selfie?

HR 101: Temporary disabilities and the ADA

March 7, 2016 | by Eric B. Meyer

A temporary disability isn’t an Americans with Disabilities Act “disability;” except, when it is.

How could dementia not be covered under the FMLA? (Psst, I’ll tell you how).

February 25, 2016 | by Eric B. Meyer

The Family and Medical Leave Act allows eligible employees to take up to 12 weeks of leave in a 12-month period for, among other reasons, to care for a parent with a serious health condition.

Most FMLA serious health conditions are plainly obvious: Cancer, HIV, dementia. But, then again…

A message from Stevie Wonder on providing accommodations to individuals with disabilities

February 17, 2016 | by Eric B. Meyer

Watch this video of Stevie Wonder at the Grammy’s. Ignore the tragic wardrobe selection. Instead, listen to the message about increasing accessibility to people with disabilities, and make sure that it carries over into your workplace. Remember it before… Continue reading

New EEOC statistics highlight the importance of disability accommodations at work

February 12, 2016 | by Eric B. Meyer

Yesterday, the EEOC released its FY2015 Enforcement and Litigation Data. Consistent with prior years, claims of retaliation continue to dominate (44.5% of all claims filed with the EEOC). Race is second (34.7%). But, it’s disability discrimination — up a whopping 6% from 2014 — that should have your attention.

What caused this employee to claim disability discrimination on her second day of work?

January 29, 2016 | by Eric B. Meyer

When was the last time that you trained your managers and supervisors on how to address disability accommodation requests? Or, how about the last time that you reminded your supervisors and managers that an employee with a disability needs to be treated respectfully?

If it’s been a while (or, maybe, I dunno, forever), have I got a case for you!

When must companies accommodate employee medical marijuana use? How about never?

January 13, 2016 | by Eric B. Meyer

I’ve blogged (here) that grilling a medical marijuana user about her disability, just before firing the employee, could give rise to a viable disability-discrimination claim. In other words, where the disability (as opposed to the medical marijuana use) motivates the employment action, that’s discrimination.

I’ve blogged before (here) that the Americans with Disabilities Act does not protect illegal drug use by employees. So, if the illegal drug use, and not the disability, motivates a company to fire an employee, that’s perfectly legal.

Two early HR Christmas presents

December 23, 2015 | by Eric B. Meyer

Or late Hanukkah presents. Or early Kwanzaa presents. Or timely Festivus presents. Or, you get the idea.

My first present is a re-gift. Over at Win-WinHR, Lorene F. Schaefer, Esq. hosts this month’s edition of the Employment Law Blog Carnival: A Festival of Lessons Edition. If you need to get caught up on all the latest HR-compliance news and view from top bloggers across the country, then, go no further.