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The Employer Handbook BlogWhen employees publicize their own confidential health information it’s no longer confidential.
I’ll go ahead and file this one under “duh.” Continue reading
Articles Posted in Disability
Don’t let these three manager mistakes undermine your company’s business judgment on ADA essential job functions.
The Americans with Disabilities Act prohibits discrimination against “qualified individuals with disabilities.” A qualified individual can perform the essential functions of their job with or without accommodation. While not the be-all-and-end-all, an employer’s business judgment about what job functions are essential carries substantial weight under the ADA. Still, courts often consider whether a particular job function is essential on a case-by-case basis.
Last night, I read a federal court opinion highlighting three ways employers and their managers can create uncertainty about which job functions are essential. Continue reading
This simple job description tweak could save your company from disability bias claims
It may be as easy as listing the essential functions of the job. Continue reading
Force your employees to sign THIS, and the EEOC may nail you for ADA interference
Something caught my eye yesterday as I was perusing the EEOC newsroom. The federal watchdog recently announced that it had filed a lawsuit against an employer for something called Americans with Disabilities Act interference.
What exactly is ADA interference? Continue reading
100,000 reasons to accommodate an employee after she experiences a stillbirth (and not fire her four days later)
About two weeks ago, I spotlighted an EEOC lawsuit where the agency claimed an employer fired a woman four days after she experienced a stillbirth and one day after submitting a confirming letter from her doctor, which also recommended six weeks to recuperate physically and grieve. Continue reading
I’m pretty sure I found Exhibit “A” in a new EEOC pregnancy bias lawsuit. It will blow your mind 🤯
Yesterday, the EEOC announced that it had sued an employer for allegedly denying a new hire request to leave training early for an urgent medical evaluation related to her pregnancy and rescinded her job offer.
These are just allegations. However, according to the EEOC complaint, the federal discrimination watchdog appears to have the receipts to back them up. Continue reading
If your pregnant employee experiences a stillbirth or miscarriage, whatever you do, don’t do this
Today’s lesson is about the interplay between the Americans with Disabilities Act, which requires employers to accommodate known disabilities absent undue hardship, and the Pregnant Workers Fairness Act, which took effect last year and also requires an employer to accommodate known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions unless doing so will result in an undue hardship. Continue reading
A 100%-healed policy may 100% violate the Americans with Disabilities Act and the Family and Medical Leave Act
Last week, we discussed an FMLA policy that your business needs to rip from its employee handbook and burn with fire. This week, we revisit an Americans Disabilities Act policy that should end up on the paper shredder: the 100% healed policy.
Why would an employee sue his employer for offering him 100% telework as a disability accommodation?
Folks, I’ve lost track of the number of disability accommodation requests on which I’ve counseled human resources concerning employee requests to work full-time from home. So, when I came across a recent decision from the United States Court of Appeals for the District of Columbia Circuit involving a failure-to-accommodate claim where the employer insisted on a 100% telework accommodation, I read with interest, as we lawyers like to say.
Rip this FMLA policy out of your employee handbook. And burn it with fire.
Employers that maintain a policy of treating any employee unable to return to work following the expiration of FMLA leave as having voluntarily resigned are begging for trouble.
But don’t just take my word for it. Continue reading