Disability

Job candidate bolts from a drug test; sues for disability bias

July 8, 2011 | by Eric B. Meyer

Stop me if you’ve heard this one before:

Job candidate is told that any job offer is contingent upon passing a drug test.

On d-day, job candidate bolts from the drug-testing facility, claiming that he has trouble in confined spaces.

No drug test means that job candidate is disqualified from the position.

Job candidate sues claiming a violation of the Americans with Disabilities Act for failure to accommodate.

Folks, I couldn’t make this stuff up if I tried. Just another day in the life of an employment lawyer.

After you hit the jump, you’ll find out whether the job candidate prevailed…

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Can a bridge worker with a fear of heights have a viable ADA claim?

June 24, 2011 | by Eric B. Meyer

Today, I get to sleep in because The Employer Handbook has a guest blogger. It’s Andrew Kim, a summer associate at Dilworth Paxson LLP:

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Some people have no problem with heights (as seen above). But Darrell Miller, a bridge worker, had acrophobia (a.k.a. the fear of heights). In fact, Mr. Miller had suffered a panic attack due to that very fear while working on the bridge crew for the Illinois Department of Transportation (IDOT). He then sought a reasonable accommodation so that he wouldn’t have to work on big bridges. IDOT refused. Did it violate the Americans with Disabilities Act?

Find out after the jump . . .

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What to know about providing disabled employees time off work

June 15, 2011 | by Eric B. Meyer

The Americans with Disabilities Act (ADA) prohibits discrimination in the workplace against disabled individuals. By law, if an employer knows that an employee or applicant is disabled, it must reasonably accommodate the known disability, if doing so would not impose an “undue hardship” on the operation of the employer’s business. There are many types of reasonable accommodations, from modifying facilities to reassignment to a vacant position.

Leave from work may also be a reasonable accommodation. But how much? And how much is too much?

Find out, after the jump…

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Court dismisses the age bias claims of a pistol-packin’ old cripple

May 26, 2011 | by Eric B. Meyer

A 51-year-old auto-parts specialist with lupus, fibromyalgia, diabetes and arthritis, claimed that his 29-year-old co-worker called him an “old cripple” and an “old man,” labeled him “too old to be trained,” and threatened to beat him with a baseball bat.

The 51-year-old responded by telling his manager that he would kick the 29-year-old’s ass and then came to work with a handgun in his car.

Wha Wha Whaaaaaat?!?!

Did the older employee overreact? Maybe. But was he the victim of a hostile work environment?

Find out after the jump.

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Female accountant wins right to legally masturbate at work

May 19, 2011 | by Eric B. Meyer

Yep.

More on this amazing story after the jump.

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Can you reject an applicant BECAUSE he just completed drug rehab?

May 16, 2011 | by Eric B. Meyer

Although the Americans with Disabilities Act does not protect employees or applicants who use illegal drugs, it does protect those who are “participating in a supervised rehabilitation program, have successfully such a program, or who have otherwise been rehabilitated successfully.”

Does that mean that an employer cannot refuse to hire someone who, on the day after he completes a drug rehab program, applies for work?

Find out, after the jump.

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What the EEOC wants employers to know about the ADAAA

March 28, 2011 | by Eric B. Meyer

As I reported last week, after receiving over 600 public comments on its proposed regulations implementing the Americans with Disabilities Act Amendments Act (ADAAA), the EEOC has released its final rules.

So what’s in these rules? And how will they affect employers? I’ve got a nice summary from the EEOC after the jump.

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EEOC releases final ADA Amendments Act regulations

March 24, 2011 | by Eric B. Meyer

Hot off the press!

The EEOC has released its final ADA Amendments Act regulations. You can read the press release and get a copy of the regulations here.

For some prior posts at https://www.theemployerhandbook.com about the ADA, ADAAA, and the supporting regulations, click here and here.

Prepare for the new federal rules on public accommodations

March 7, 2011 | by Eric B. Meyer

On March 15, 2011, new Americans with Disabilities Act (ADA) regulations will take effect governing access to state and local government facilities as well as places that are generally open to the public.

To find out out whether YOU may be covered and, if so, what your obligations are, click here.

Can an employer legally refuse to hire a smoker?

February 24, 2011 | by Eric B. Meyer

Keeping with this week’s smoking theme, I see that the The New York Times recently ran a story discussing how some employers are refusing to hire smokers. The article warns, ““Smokers now face another risk from their habit: it could cost them a shot at a job.”

But is this legal? Can an employer really refuse to hire someone who smokes?

To learn the answer, check out a recent post I did at The Legal Intelligencer.