Unless you run a dental practice, I can’t imagine why a fetching, toothy smile would be a job qualification. But, apparently, a large chain of gas/convenience stores has that policy. Continue reading
Yesterday, I told you about the EEOC’s new resource document for assisting individuals with hearing disabilities. Today, I’ll tell you how the Second Circuit Court of Appeals breathed new life into the failure-to-accommodate claims of a deaf individual who worked as a case manager for a city’s Human Resources Administration (HRA).
So, thank you, blogging gods, for the impeccable timing.
If you’re an employment law nerd like me, in addition to being the envy of your neighborhood, you also know that the U.S. Equal Employment Opportunity Commission does not shy away from bringing failure-to-accommodate claims on behalf of deaf individuals. Look at all of them! Continue reading
The Americans with Disabilities Act prohibits employers from discriminating against qualified individuals because of a disability. A qualified individual can perform the job’s essential functions with or without a reasonable accommodation. Often, an individual with a disability will approach a supervisor or HR, identify their limitations, and ask for help. It’s a modest burden.
Then, it’s the employer’s job to continue a good faith, interactive process to determine whether a reasonable accommodation exists to help the employee without creating undue hardship on the business. When done right, it’s a win-win. But, when the employer impedes the process, it often results in a lawsuit. Continue reading
A recent Eighth Circuit decision helps show how an employer can discharge its obligations to engage in the Americans with Disabilities Act interactive process in good faith. Continue reading
Well, if you count The Employer Handbook itself, which email gods magically deliver to blog subscriber email inboxes every weekday following weeknights where I haven’t had too many blog-inhibiting adult beverages, I’ve got three freebies today. Continue reading
I have another HR tip related to yesterday’s blog post and accommodating employees under the Americans with Disabilities Act and what counts as an essential job function. Continue reading
If you’re in Human Resources, you’ve probably dealt with this issue before. Continue reading
This has been an interesting start to the week at The Employer Handbook, from six-year-olds slinging racial epithets to expectorating employees.
But I’m here for it. And I’m glad that you are too. Continue reading
This situation comes up fairly often. An employee with a disability can’t perform their job, and needs leave to recover and return to work.
We know that indefinite leave is not a reasonable accommodation. But what about taking leave with only an “expected” return to work date? Is that too indefinite to be unreasonable? Continue reading
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