A friendly reminder that, just because your job description might say what an employee is supposed to do, doesn’t mean that’s what your employee actually does. And, in an Americans with Disabilities Act case, here’s why that matters…
Wow! I thought I’d seen it all in the employment space in the past 72 hours with this Rachel Dolezal downward spiral (bing, bang, boom).
But, this recent federal-court opinion I read last night. The one about an employee with Attention Deficit Disorder who was fired after discussing vaginal massages with a co-worker (even Tyrion Lannister would blush) restores my confidence in my chosen profession.
Rather than just walk away, why did this employee claim violations of various federal employment laws? Because the blog gods are good, my friends.
[cue music]
Let’s say that you have an employee who suffers from anxiety and stress. The employee is very religious and her doctor encourages her to attend church on Sundays. Not only does church provide fulfill her spiritually, but it helps to lower both the stress and anxiety and significantly reduce her reliance upon prescription medication.
But, you’ve scheduled this employee to work a Sunday through Thursday schedule. Still, she comes to you and asks for all Sundays off to attend church as an accommodation for her anxiety and stress, which are probably disabilities under the Americans with Disabilities Act.
Question: Do you have to allow her to go to church? Continue reading
This can be a really difficult situation. Just ask a local Pennsylvania employer. Continue reading
Telework is among the array of possible reasonable accommodations under the Americans with Disabilities Act that may enable an employee with a disability to perform the essential functions of the job.
Now, as a federal appellate court confirmed last month, there are situations in which telework is not a reasonable accommodation; namely, where attendance and face time are essential functions of the job. But, other times, telecommuting may be just what the doctor ordered. Continue reading
Isn’t the Americans with Disabilities Act fun? Oh, right, it’s the federal employment law that y’all voted the one that keeps you up most at night. ADA garnered 30% of the votes in yesterday’s hella-lazy blog post of a poll. FMLA and FLSA tied for second with 23% of the vote each.
So, how about today’s puzzler? How the heck do you reduce workplace stress to reasonably accommodate an employee with a disability. Well, in many cases, I’m pretty sure that the answer is a Swedish massage, scented candles, and a FourLokoTini you can’t. Continue reading
Ok. Let’s assume that I’m looking to fill another Blogprentice position here at the Bloggerdome.
[FYI – The Blogprentice’s job is to massage my scalp during those brief periods of writer’s block or when I get the vapors, rub my feet at all other times, plus whatever tasks, reasonable or unreasonable, I may assign from time to time. Job pays minimum wage. And, by that, I mean compliments. That is to say, part of the job is to compliment me. Another part is to make sure I’m using compliment correctly (instead of complement)].
All hires must then pass a background check and drug screen. Continue reading
ADA and Burger King?!? Has someone been eating too many Whoppers? No. But I did spend a 20 minute Uber ride yesterday sucking down mustard packets.
Actually, the inspiration for this post comes from Seattle Attorney, Michael Harrington, who presented “The Wild, the Weird and the Wonderful FMLA/ADAAA Cases…And the Lessons for Employers!” with me yesterday at the Disability Management Employer Coalition (DMEC) FMLA/ADAAA Employer Compliance Conference.
(If you want a copy of our PPT, please email me. I got you.)
More eagerly anticipated that the premiere of Paul Blart: Mall Cop 2, yesterday, the EEOC released its new proposed rules on wellness programs.
Although, based on the Paul Blart reviews, hemorrhoids too may be more eagerly anticipated. No strikethrough on the last sentence. Weird.
But, if you want to have an employee wellness program that complies with the Americans with Disabilities Act, here are five things the EEOC wants you to do… Continue reading
The Employer Handbook Blog