Articles Posted in Disability

Noting “Health Reasons” on a termination form could indicate disability bias

April 6, 2015 | by Eric B. Meyer

Happy Monday, everyone.

Glad to see I didn’t break some of your content filters on Friday with my filthy NLRB post. But, hey, just another day in the interesting life of an employment lawyer / HR professional, amirite?

Today, I bring you a very simple lesson, courtesy of the Third Circuit Court of Appeals, from right here in my backyard. That lesson is this:

When you terminate an employee, do not write “Health Reasons” on the employee’s termination form. Continue reading

Pilot who ranted and raved mid-flight about a terrorist attack blames airline for allowing him to fly

March 31, 2015 | by Eric B. Meyer

One week ago today, a Germanwings plane carrying 150 people crashed and killed everyone on board. Since then, there is mounting evidence that the co-pilot, who was in great physical shape, was also suffering from mental illness which caused him to deliberately steer Flight 9525 into the French Alps.

Why didn’t Germanwings taken preventative steps? Apparently, the co-pilot hid his mental illness from his employer.

Three days after the Germanwings catastrophe, a former JetBlue airline pilot, who was locked out of the cockpit and had to be subdued by passengers, filed this lawsuit in federal court against his former employer. He claims that the airline was negligent because it knew or should have known that he was “physically and mentally unfit to fly.” Continue reading

When does transferring an employee amount to discrimination?

March 18, 2015 | by Eric B. Meyer

Well, I think we can all agree that, when an employee’s protected class motivates a company to transfer him to a less desirable position, it’s time to call the lawyers and break out the checkbook.

But, what makes a transfer position less desirable?

Yesterday, I was reading this Sixth Circuit opinion about a hospital employee, who was undoubtedly suffering from a “disability” under the Americans with Disabilities Act. However, for several years, despite what the court described as “significant cognitive and physical impairments,” this plaintiff performed well as a housekeeper. Eventually, however, the hospital transferred the plaintiff to a different housekeeping role, one which he had trouble performing. Indeed, it was his poor performance in this new position that led the hospital to terminate his employment. Continue reading

The teacher who feared young kids lost her ADA claim, you guys

March 12, 2015 | by Eric B. Meyer

I’m a bit late to the party with this one. But, for those who haven’t read about it elsewhere. Voila!

The plaintiff originally taught at the high school, during which she informed her employer about her pedophobia, a debilitating fear of young children. Some time later, the plaintiff was transferred to the middle school, which was ok because she only feared elementary school kids, and not middle schoolers. The plaintiff taught middle school for six months, but, then she asked for a transfer back to the high school, saying that her talents were “underutilized” at the middle school and that another year there would be bad for her health. The school district informed the plaintiff that there were no openings, but would keep her request on file. Shortly thereafter, the plaintiff retired.

She then sued the school district for age discrimination, disability discrimination, hostile work environment, intentional infliction of emotional distress, and breach of contract. Continue reading

Ditch those inflexible leave policies, would you already? #FMLA #ADA #EEOC

February 27, 2015 | by Eric B. Meyer

Yesterday, with my good buddies Casey Sipe and Jessica Miller-Merrell from Blogging4Jobs.com, I presented a webinar on the interplay between the Family and Medical Leave Act, state workers’ compensation laws, and the Americans with Disabilities Act. The key word in the last sentence being “interplay.”

(By the way, if you want to snag a copy of that webinar, drop me a line, and I’ll see what I can do about getting you a copy).

One point we emphasized during the webinar is that, for employees taking FMLA leave for their own serious health condition, companies need to have a plan to address the FMLA implications and the potential interplay — there’s that word again — with the ADA. Because, remember, leave may be a reasonable accommodation under the ADA. Continue reading

Fired from her job, a “sleepy” “armed security guard” may have an ADA claim

February 12, 2015 | by Eric B. Meyer

Yesterday, I read about a woman who alleged that her former employer violated the Americans with Disabilities Act when it fired her from her “armed security guard” position because of a medical condition. This notwithstanding that, in her complaint, the plaintiff admitted to being presented with pictures taken of her which appeared to show her sleeping on the job. In response, the plaintiff told the company that she was taking medication that made her “sleepy.”

Does this sound familiar?

Well, it should, because we’ve covered this before. An employee who, because is a disability, may have a tendency to fall asleep at work, could still be qualified to perform the essential functions of the job.

152,000 reasons for employers to consider discrimination with drug testing and haircuts

January 23, 2015 | by Eric B. Meyer

After the jump, what employers can learn from a possibly botched drug test and the failure to hire a Rastafarian

(Or an excuse for me to make gratuitous True Romance references).

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“Your Asperger’s got in the way of your ability to interact with your boss, and we are tired of it.”

January 2, 2015 | by Eric B. Meyer

I tell you, folks.

When a school janitor, the plaintiff in this case, claimed that the school principal uttered the words in the lede above, I felt a stirring within.

Literally, the second those words (allegedly) formed on the principal’s lips, my ~~Spidey~~ Bloggy-senses told me that I’d be able to usher in the new year with a fine blog post.

Comin’ atcha after the jump…

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Does the Americans with Disabilities Act require a transfer away from a jerk boss?

December 26, 2014 | by Eric B. Meyer

Whether you have a disability under the Americans with Disabilities Act — so, like, all of us — or not, work can suck. Bosses can be jerks.

But, if an employee with a disability requests a transfer away from a jerk boss, must the company provide it?

Find out after the jump…

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Company overcomes its “ham-handed” ADA accommodation response, wins lawsuit

December 22, 2014 | by Eric B. Meyer

So just how did the employer snatch victory from the jaws of defeat after botching a diabetic employee’s request to work a modified schedule?

Find out after jump…

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