Disability

@Eric_B_Meyer on DriveThruHR #dthr

February 22, 2013 | by Eric B. Meyer

Have you checked out DriveThruHR yet?

DriveThruHR is the baby of Bryan Wempen and William Tincup, a half-hour radio show on which these two HR leaders, along with a guest, discuss the latest trends, thoughts and sentiment within the industry.

Yesterday, I was on DriveThruHR, Human Resource’s #1 Daily Radio, talking social media and the workplace, Americans with Disabilities Act, hockey, and gettin’ freaky with the mashed potatoes. Yeah, that’s right. Hockey.

GUEST POST: The ADA and Test-Taking

February 15, 2013 | by Eric B. Meyer

Today we have a guest blogger at The Employer Handbook. It’s my colleague, Katharine Hartman. Katharine is an associate in Dilworth Paxson’s Labor & Employment Group, but also asked that I give a little shoutout to our new Test Publishing, Certification and Licensure Group.

So holla!

After the jump is a little cross-over between the two. Hope you like it.

(Want to guest blog at The Employer Handbook? Email me).

Fact or Fiction: Your employee’s nasty facial scar may be a disability

January 23, 2013 | by Eric B. Meyer

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.”

Your new employee at local pizzeria has what we’ll call a “facial deformity.” So, rather than having him work the cash register, or otherwise emerge from the kitchen, you mandate that he work in the back so that no customers will ever see him.

Have you violated the Americans with Disabilities Act?

HOW TO: Properly address disability accommodation when hiring

January 15, 2013 | by Eric B. Meyer

I was reading this federal court opinion over the weekend. It involves a disability-discrimination claim brought by a deaf man who applied to become a lifeguard at a county pool, but didn’t get the job because the county thought his disability would compromise swimmer safety. Plus, the town was not convinced that it could accommodate the deaf applicant because it couldn’t be 100% certain that he could safely be on the lifeguard stand alone, without someone constantly by his side.

Folks, I’m guilty.

I’ll admit, that when I started reading this opinion, I immediately jumped to the same conclusion as the county-defendant. How could it possibly be safe to employ a deaf lifeguard?

ADA reasonable accommodations for these Looney Tunes

January 11, 2013 | by Eric B. Meyer

Medical Afflictions of the Cartoon World

Where did you think I was going with this post?

(And you call yourselves Human Resource professionals).

Just kidding. You know I love you.

Federal employee receives a 5-page written warning for . . . farting?!?

December 26, 2012 | by Eric B. Meyer

The Employer Handbook generally likes to end the year on a classy, high note. Consequently….

The Smoking Gun reports here that, earlier this month, the Social Security Administration issued this 5-page formal reprimand to an employee for his “awful and unpleasant” flatulence.

{As opposed to my ambrosial flatulence. So lovely.}

Swine flu as an ADA disability? What would Ozzy and Sharon say?

December 20, 2012 | by Eric B. Meyer

“Oy, Sharon! Will you help me out here?”

“Come on, Ozzy! Yellow in the front, brown in —.”

“Bloody hell, Sharon! I’m trying to comprehend this federal court decision from the District of Minnesota.”

Does the law require transfers for employees seeking medical treatment?

December 18, 2012 | by Eric B. Meyer

You have an employee who hurts herself on the job and becomes disabled. Although she recovers to the point where she can perform the essential functions of her position without the need for accommodation, she requests a transfer to another one of your facilities so that she has better access to ongoing medical treatment.

Does the law require you to grant that transfer?

In this recent case (Sanchez v. Vilsack), the Tenth Circuit Court of Appeals ruled that the Rehabilitation Act, which prohibits discrimination in federal employment, and courts interpret like the Americans with Disabilities Act, may require this.

I can’t believe you missed these workplace blockbusters, you guys!

December 5, 2012 | by Eric B. Meyer

Translation: Recent HR / employment law developments that Meyer missed a/k/a Meyer needs to clear out his folder of bookmarked employment-law items to make room for his ~~dork~~ ~~dorkier~~ Fantasy Baseball bookmarks. Pitchers and catchers report in just over two months.

More courts weigh in on social-media discovery issues. “Good news. My doctor says that the itching and redness should subside in a few days.” Recent court decisions (here and here) roadmap how you can access this and other Facebook status updates from your former employee who is now suing you. Have fun with that.

Other social-media-related litigation. A firefighter, allegedly terminated for critical Facebook comments, has settled his wrongful discharge claim (here). Facebook posts doom another employee’s FMLA claims (here). The National Labor Relations Board crapped all over another employer’s social-media policy (here). Choking back laughter (at least that’s how I envision it), a Massachusetts Court denied ~~another~~ (the first ever?) hair salon’s claim that a former stylist’s job posting on Facebook violated a non-solicitation agreement agreement (here).

Guest Post: 5 Basics Every Employer Should Know about the ADA

November 9, 2012 | by Eric B. Meyer

Today we have a guest blogger at The Employer Handbook. It’s Mary Ellen Ellis. May Ellen writes for Paralegal 411, a career resource for individuals interested in starting a career in the paralegal field.

(Want to guest blog at The Employer Handbook? Email me).