Disability

Are Flounder from Animal House and Left Ear from The Italian Job “disabled”?

April 4, 2013 | by Eric B. Meyer

– “Mr. Dorfman?”
– “Hello!”
– “0.2… Fat, drunk and stupid is no way to go through life, son.”

* * *

– “That’s Left Ear. Demolition and explosives. When he was ten, he put one too many M-80s in the toilet bowl. Lost the hearing in his right ear. He’s been blowing stuff up ever since.”

* * *

Good start to a blog post, amirite? Now, allow me to dork this up with two employment-law questions:

If Flounder were Dean Wormer’s employee (rather than just a student at Faber College), would Wormer’s calling him “stupid” mean that Faber regarded Flounder as “disabled” under the Americans with Disabilities Act?

Since Left Ear is deaf in one ear, would he qualify as “disabled” under the ADA should he return from his Spanish villa and seek gainful employment in the USA?

Tough questions. But here, at the ole Handbook, when the going gets tough…[wait for it]…The tough get goin’! Who’s with me?

Let’s do it!!!! (after the jump…)

* * *

Leave as an ADA reasonable accommodation; when is enough…enough?

April 1, 2013 | by Eric B. Meyer

Unquestionably, when it come to tackling the Americans with Disabilities Act, one of the biggest issues affecting the workplace and accommodating disabled employees is providing leave as a reasonable accommodation. Anecdotally, a question that plagues most employers is just how much leave is enough?

We know that an indefinite leave of absence is not a reasonable accommodation. But, what about when an employee takes one leave, after another, after another.

After the jump, I’ll address the big question: when is enough enough?

* * *

Yahoo! has a new no-telecommuting rule. Here’s why it may be unlawful.

February 25, 2013 | by Eric B. Meyer

Over the weekend, I read this article from Kara Swisher on AllThingsD.com, in which she reports that Yahoo!, under its new leadership, will implement a no-telecommuting rule, effective June 1.

Ms. Swisher posted a copy of the internal Yahoo! memorandum to its employees, in which the company underscores the “critical” need to be at the office versus working form home where “speed and quality are often compromised.”

Sounds good in theory. But I have a little monkey-wrench.

@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.”