Articles Posted in Disability

Smells like patchouli. Or is that teen spirit?

Hey, it’s been a long day.

Can an employer insist on regular attendance without violating the ADA? Maybe. says Robin Shea at the Employment and Labor Insider. And forget about indefinite leave as a reasonable accommodation under the New Jersey Law Against Discrimination says the NJ Superior Court Appellate Division. That won’t fly under the Americans with Disabilities Act either says the United States District Court of the Western District of Virginia, Danville Division. But, you knew that already. Still, if you need information on Practices and Policies Related to Recruiting and Hiring Employees With Disabilities, SHRM has a new survey. Check it out.

Remember back in July 2011 when I told you that a miniature horse might be reasonable accommodation under the Americans with Disabilities Act?

Giddy-up! I whinny! 

Ok, I’ll quit horsing around.

(I mare or may not be referring to a printed-out list of horse puns as I type this…)

More on this hare-raising story — rabbit puns too? Really, Eric? — after the jump…

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Back in December, I wrote here about a federal court in Louisiana recognizing that a morbidly-obese plaintiff may have a physical impairment which, if it substantially limits one or more major life activities, would bring that plaintiff within the scope of the ADA (the pre-ADAAA version).

As an update to that post, last week, the same Louisiana federal court granted summary judgment, in part, to the EEOC, who was asserting the claim on behalf of the employee. Specifically, the court ruled that the EEOC had affirmatively established that the employee, who was morbidly obese, had a “disability” within the meaning of the ADA.

Disclaimer: I serve as an EEOC mediator.

Hey, that blog title looks familiar. Oh yeah! I wrote about it here back in October.

This time around, another federal court, the Tenth Circuit Court of Appeals, has reaffirmed that while a “leave of absence may be a reasonable accommodation [under the Americans with Disabilities Act]”, the employee must provide a reasonable estimate of the amount work that will be missed. “Conversely, when the employee seeks leave, but it is uncertain if or when he will be able to return to work, a leave of absence is not a reasonable accommodation.”

Yesterday, Greece came through with a long-awaited economic reform deal. Congratulations to them.

What I want to know, however, is what the heck the Greek government was thinking when it recently expanded a list of state-recognized disability categories to include pedophiles, exhibitionists and kleptomaniacs. Bailout money back, please.

At Res Ipsa Loquitor, Jonathan Turley notes that the Greek government already recognizes pyromaniacs, compulsive gamblers, fetishists and sadomasochists as persons entitled to ask for government assistance.

To prove disability discrimination under the Americans with Disabilities Act (ADA), a plaintiff, at a minimum, must prove that:

1. she is disabled;
2. she is otherwise qualified to perform the job requirements, with or without reasonable accommodation; and
3. she was discharged (or otherwise suffered an adverse employment action) solely on account of her disability

After the jump, I have a recent federal court decision from Michigan which addresses the second prong above; specifically, whether and when working a minimum number of hours a week is an essential job function, such that if a disabled employee can’t work those hours, she can be fired — legally.

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