Disability

Don’t let ADA stereotypes do to you what they did to this company

December 9, 2015 | by Eric B. Meyer

There are certain stereotypes that accurately reflect an image held in common for members of a group.

For example, employment-law bloggers who practice law in Philadelphia and blog from their bloggerdomes in Southern New Jersey are generally handsome, erudite, and more appealing than a hipster drinking Pabst Blue Ribbon at a beard and vinyl convention. Many excel at fantasy football too. Many consider them the Illuminati to the Illuminati.

But I digress…

Did USC’s alcohol-related firing of its former head football coach violate the law?

December 8, 2015 | by Eric B. Meyer

Back in October, the University of Southern California fired Steve Sarkisian, its head football coach. The Daily Beast, among others, reported that USC fired Mr. Sarkisian after an incident where he appeared drunk during a speech at a USC event.

Yesterday, Mr. Sarkisian fired back with a 14-count lawsuit in California Superior Court. The lawsuit includes claims for disability (alcoholism) discrimination and failure to accommodate his disability.

Did one court really just conclude that HIV is not an ADA disability?

December 2, 2015 | by Eric B. Meyer

Yesterday, the EEOC issued two new publications on the rights of HIV-positive individuals in the workplace. As EEOC Chair Jenny Yang underscored, “Individuals with HIV infection should know that the ADA protects their rights in the workplace, including the right to reasonable accommodations.” The implication here is that HIV is a disability under the Americans with Disabilities Act. Indeed, the Americans with Disabilities Act regulations notes that it should be “easily concluded” that HIV substantially limits one or more major life activities. Further, the Department of Justice, Civil Rights Division recognizes that HIV is an ADA disability.

Well, tell all that to a Florida federal court.

Just give him the chair. It’s that easy.

November 24, 2015 | by Eric B. Meyer

Several years ago, I attended a continuing legal education event at which a panel of attorneys discussed accommodations under the Americans with Disabilities Act. I remember the law-firm attorneys talking about how the ADA only requires that an employer provide a reasonable accommodation — not necessarily the employee’s first choice of reasonable accommodations.

Then the general counsel on the panel — he was from a Fortune 500 company — did one of these, and offered this pro tip that I’ll never forget. Continue reading

1.7 million reasons to reconsider issuing attendance points for medically-related absences

November 10, 2015 | by Eric B. Meyer

Burger Time and Astrosmash…who’s with me, Millennials!

[Sigh]

Fact or Fiction: Denying a discretionary bonus may be discrimination?

October 20, 2015 | by Eric B. Meyer

Fact or Fiction? That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.”

Many claims of discrimination require proof of what’s called an “adverse employment action.” A firing would qualify; so would an unpaid suspension. (But, not a paid suspension). Really, it’s anything that “materially adverse” to one’s job.

Ok. Suppose an employer withholds a discretionary bonus. Could that be discriminatory?

Attendance may be an essential job function under the ADA. But, how do you know?

October 14, 2015 | by Eric B. Meyer

The regulations to the Americans with Disabilities Act include a non-exhaustive list of reasonable accommodations that may apply to allow an employee with a disability to perform the essential functions of the job. They include job restructuring; part-time or modified work schedules; reassignment to a vacant position; acquisition or modifications of equipment or devices; appropriate adjustment or modifications of examinations, training materials, or policies; the provision of qualified readers or interpreters. There’s also a catchall: “other similar accommodations for individuals with disabilities.”

ADA and accommodating peanut allergies at work

October 8, 2015 | by Eric B. Meyer

Well, damn.

To those who you who receive my blog posts via email, I’m sorry. Yesterday, we had some technical difficulties and my card check post didn’t make it into your inbox. I realize that for some of you — ok, all of you — my blog posts are an icy-cold bottle of beer in the arid desert that is your mid-week slog. Again, I’m sorry. I’ll ~~release the wrongdoers from the shackles in my basement~~ do better.

But just to be safe, as a Versace belt to the Hermes suspenders, you may want to like The Employer Handbook on Facebook. Every post is shared there.

Now, back to employment law and what-not.

A job duty performed 5% of the time is probably not ADA-essential, you guys

October 6, 2015 | by Eric B. Meyer

“Smithers, refill my lime rickey. And find me a dunce cap. Post haste.”

The Americans with Disabilities Act requires employers to provide a reasonable accommodation, upon request, to an individual with a disability to enable that person to perform the essential functions of the job. Oftentimes, the questions arises: What are the essential functions of the job?

Can you legally fire an employee for extreme gas?

October 5, 2015 | by Eric B. Meyer

My readers are the best!

On Friday, I received two emails within 15 minutes of one another, encouraging me to blog about this story. Kenneth Hilario at the Philadelphia Business Journal writes about an employee of an NJ company who is suing her employer. What makes this story special? The company allegedly fired the spouse’s husband, the company’s controller, because of his “extreme gas and uncontrollable diarrhea.”