Articles Posted in Discrimination and Unlawful Harassment

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Yesterday, at approximately 5:18 PM EDT, all of the associates at my law firm received the same email. It was from one of my partners, encouraging them to sign up to receive daily updates to this blog via email.

“You will learn something from him nearly every day of the week,” wrote my partner.

So, let’s see if we can teach them something — something, other than Eric knows how to make one hella-creepy selfie saltbae gif.
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REGISTER-NOW-HR-Seminar-on-FMLA-and-ADA
Do employee-leave issues and ACA woes have you feeling like this?

Well, next month, my friends at Kistler Tiffany and I have got your back. We’re presenting two free, live seminars to help you tackle your ACA, ADA, and FMLA issues.

  • The first will be on Wednesday, May 10, 2017 from 9:30 AM to 11:30 AM in Berwyn, PA.
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Philadelphia City Hall

Earlier this year, Philadelphia passed a law banning employers from asking about a job applicant’s salary history. In that blog post, I foreshadowed a possible lawsuit from business groups to block the law, which would otherwise take effect on May 23.

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Puzzle Mosaic Riddle Secret Mystery Mixture

The biggest impact on employers, when the Americans with Disabilities Act Amendments Act took effect on January 1, 2009, was to downplay whether an employee actually had a disability, and get businesses focusing more on whether there existing a reasonable accommodation that would permit an employee to perform the essential functions of the job.

Many management-side employment lawyers joked that, under the ADAAA, everyone had a disability. That’s how easy it was to establish.

Well, except maybe a cleft palate.

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Pitfall! Coverart.png
A few months ago, I was waxing poetic about plutonium, how to establish essential job functions, and quality-testing diet scrapple. What got into me?

Now, I’ve got a cautionary tale, in the form of a recent federal court opinion, to help you good folks navigate away from some of the Americans with Disabilities Act traps. Lest you like litigation and lawyer bills.

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Kick'n the canIt was déjà vu all over again yesterday.

In its much anticipated decision in Christiansen v. Omnicom Group, Inc. (opinion here), the Second Circuit concluded that Title VII of the Civil Rights Act does not cover discrimination based on sexual orientation.

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Sobriety checkpoint easthaven ct

By Versageek (Own work) [CC BY-SA 3.0 (http://creativecommons.org/licenses/by-sa/3.0) or GFDL (http://www.gnu.org/copyleft/fdl.html)], via Wikimedia Commons

Alcoholism can be a disability under the Americans with Disabilities Act. The EEOC notes here that the ADA may protect a “qualified” alcoholic who can meet the definition of “disability.” What is a “qualified” alcoholic? Someone who can perform the essential functions of the job with or without accommodation.

Allowing an alcoholic to attend AA to remain clean and sober? That works.

But, accommodating an alcoholic who “falls off the wagon,” gets a DUI, and needs time off from work because he is incarcerated? Not so much.

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