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The Employer Handbook BlogOur employee on a modified work schedule misses too much work. What do we do?
How many of you struggle to enforce attendance rules for employees with a disability or serious health condition on a modified work schedule?
Articles Posted in Disability
EEOC to employer: You didn’t accommodate painful menstrual cramps. See you in court!
On Christmas Eve day, the U.S. Equal Employment Opportunity Commission (EEOC) announced it had filed a significant lawsuit alleging discrimination based on disability and sex during the hiring process. The case centers around an individual who suffers from endometriosis, a condition that causes severe menstrual cramps, nausea, and headaches, potentially rendering her bedridden for one to two days during her menstrual periods. The EEOC claims that the employer failed to hire her due to her disability and did not provide reasonable accommodation, violating the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act. Continue reading
Wearables at Work: An EEOC “Fit” for HR Compliance and Productivity
Yesterday, the Equal Employment Opportunity Commission (EEOC) announced the release of a new fact sheet titled “Wearables in the Workplace: The Use of Wearables and Other Monitoring Technology Under Federal Employment Discrimination Laws.” This document is crucial for human resources professionals as it provides guidance on using wearable technologies in compliance with federal employment discrimination laws. Here, I’ll summarize the key points of the fact sheet and offer some essential takeaways for HR professionals.
Can out-of-state remote workers handpick the most favorable state employment laws for a lawsuit?
In the evolving landscape of remote work, many employees believe they are shielded by the laws of the state they reside in. However, a recent decision from the United States District Court for the District of New Jersey — of all places !!! — reveals a harsh reality: working remotely from another state does not necessarily entitle employees to the protections of that state’s laws. This case serves as a critical reminder of the complexities surrounding jurisdiction in employment law. Continue reading
How can an individual without an actual disability still have an ADA claim?
It happens when an individual—a job applicant or current employee—is “regarded as having a disability” under the Americans with Disabilities Act.
I’ll give you an example. Continue reading
Three lessons for employers from Lizzo’s employment litigation
Last year, several media outlets reported about a lawsuit that a clothing designer who worked for Lizzo and her touring company had asserted against them and another individual. That lawsuit included several claims under state law for discrimination, retaliation, and assault, among others.
On paper, it didn’t sound good for the defendants. Continue reading
The ADA does not require do-overs or relaxing important job requirements to accommodate individuals with disabilities
A federal appellate court recently ruled that a university did not have to accommodate the disability of a professor seeking tenure by relaxing the tenure requirements or giving her a second chance to satisfy them.
It’s a reminder that employers can require individuals to perform the essential functions of the job and can refuse to promote (or hire) individuals who cannot meet the position’s requirements.
A “Situations and Solutions Finder” to make ADA job accommodations easier to provide? Yes, please.
As a thank you to the many readers who provided me with stellar Dallas-area BBQ recommendations, like the one featured above from Hutchins BBQ in McKinney, I’m sharing a tool that the U.S. Department of Labor recently announced to provide workers with disabilities and employers ideas for workplace accommodations. Continue reading
When employees publicize their own confidential health information it’s no longer confidential.
I’ll go ahead and file this one under “duh.” Continue reading