Articles Posted in Disability

Go ahead and bookmark this post for top FMLA cases of 2017

January 31, 2017 | by Eric B. Meyer

The Third Circuit Court of Appeals has issued its first precedential decision confirming that the honest-belief doctrine defeats a retaliation claim under the Family and Medical Leave Act.

In plain English, the court in Capps v. Mondelez Global, LLC concluded that an employer can fire an employee whom it truly believes is misusing FMLA — even if the employer’s suspicion of FMLA fraud turns out to be wrong. That’s not FMLA retaliation.

Sowing plutonium from diet scrapple — just twice a year — can be an ADA essential function.

January 20, 2017 | by Eric B. Meyer

When it comes to working for me as a blog minion, I don’t have many rules.

Actually, I do have many rules.

Can you require an employee to take an HIV test?

January 13, 2017 | by Eric B. Meyer

@diallohouston on Twitter

The answer to this question, because I’m a lawyer, is “it depends.”

Naturally, of course.

A little holiday present for my readers

December 21, 2016 | by Eric B. Meyer

Blogger Claus — that’s me, I’m the non-denominational, workplace-friendly Blogger Claus — wants to reward his good readers with some holiday cheer.

(The bad readers get two EEOC Charges and will be fed to Krampus).

The EEOC hooks you up with a new ADA resource on mental health conditions

December 15, 2016 | by Eric B. Meyer

I know y’all are waiting with baited breath — wait, hold do you bait breath? Like a putting a worm on a fishing line or something?

***Googles***

Right, as I was saying, I know y’all are waiting with bated breath for me to publish all of those reader-submitted holiday-party “yowzas” I asked you to email me yesterday. But, let’s give that one more day to marinate — build the suspense.

(You can still get in the on the party. Just read yesterday’s post and holler at your boy).

Employee admits that attendance on the reg is essential, so telecommuting isn’t a reasonable accommodation

November 11, 2016 | by Eric B. Meyer

That’s pretty much what happened in this recent Eleventh Circuit opinion.

Your shoddy job description won’t help you in an ADA lawsuit

October 26, 2016 | by Eric B. Meyer

Today, I want to take you to school to discuss the Americans with Disabilities Act and job descriptions.

Check that. Bad job descriptions.

I brought my pencil! Gimmee something to write on.

Up Next on Destination Checkbook: Firing a bipolar employee for “her mental illness”

October 21, 2016 | by Eric B. Meyer

Allegedly, of course.

Did a federal appellate court just require employers to invent ADA crystal balls?

October 20, 2016 | by Eric B. Meyer

Actually, as I see it, yes, Eric is utilizing hyperbole.

But, this recent Eighth Circuit opinion in a case involving the duty to accommodate under the Americans with Disabilities Act is a dicey one for employers.

100% healed policy = 100% violation of the ADA

October 6, 2016 | by Eric B. Meyer

Someone didn’t read my post back in May.

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