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The Employer Handbook Blog
Articles Posted in Disability
Did you know that even temporary impairments like a back injury can qualify as disabilities?
Back in the day, it could be difficult for a plaintiff claiming disability discrimination even to prove that they had a disability. Continue reading
Why, oh WHY, did a court determine that ASTHMA IS NOT A DISABILITY?!?
To answer that question, I’ll first introduce you to “Jane.” Continue reading
Proving a disability in court isn’t that hard. (Even judges mistake how easy it is.)
A man walks into a job interview. Continue reading
Must an employer grant a RETROACTIVE workplace accommodation if a disabled employee requests one??
No.
At least not unless they drive a DeLorean powered by 1.21 gigawatts of electricity that can travel back through time to convert their retroactive request to a prospective one. Continue reading
Here are a few pages to add to your ADA accommodation playbook from a recent federal appellate court decision
The Americans with Disabilities Act makes employers responsible for reasonably accommodating individuals with disabilities unless doing so will create undue hardship. However, accommodating employees with disabilities is not a perfect science.
Fortunately, a recent Eighth Circuit Court of Appeals decision provides employers with some helpful tips. Continue reading
A good-faith belief that an employee violated work rules may not be enough to defeat a discrimination claim
Earlier this month, a federal appellate court poked holes in what many considered an infallible employer defense to employee discrimination claims known as the “good-faith belief” doctrine. Continue reading
Here’s what not to do when an employee discloses her disability on her first day of work.
The U.S. Equal Employment Opportunity Commission recently sued an employer who told an employee to leave on her first day of work shortly after she requested reasonable accommodations for her visual impairments and later fired her the same day after the employee’s advocate offered to pay for accommodations.
Supreme Court to decide if former employees can invoke the ADA for post-employment benefits
Federal circuit courts are split over whether former employees may sue their employers under the ADA for discrimination in the provisions of post-employment benefits. Two say they can; four say they can’t. Yesterday, the Supreme Court agreed to resolve the matter. Continue reading
There’s no bright-line rule or magic words needed for employees to request workplace accommodations.
See what you think of this. Continue reading