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The Employer Handbook Blog
Articles Posted in Disability
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
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