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The Employer Handbook BlogI ran my mouth for an hour and six minutes about the FMLA/ADA interplay
Articles Posted in Discrimination and Unlawful Harassment
Sixth Circuit redefines the “workplace” when considering attendance as an ADA essential job function
These blogging fingers have had much to say about telecommuting as a reasonable accommodation under the Americans with Disabilities Act.
Now, if you’ll excuse me, these blogging fingers are going to dunk broccoli into spinach dip.
Ok, I’m back.
As of Sunday, Philadelphia businesses without this workplace poster are breaking the law
Back in February, I reported here about the new pregnancy-accommodation law that went into effect in Philadelphia.
The law requires local business to provide reasonable workplace accommodations for employees who have needs related to pregnancy, childbirth, or a related medical condition.
The law also requires Philly employers to post notice of the new law in the workplace.
Employment Law Blog Carnival – Pick Your Holiday Edition
The third week of April ushers in several holidays: Passover, Good Friday, Easter.
But no matter what your religion or god — even a sacrilicious ceiling waffle — we can all agree that the Employment Law Blog Carnival, which you can find this month at Tim Eavenson’s blog: Current Employment, is the workplace glory.
This month, Tim has more posts about HR-compliance than you can count on your ten fingers. So raise your hands up to the sky and shout Hosanna! The power of the #ELBC compels you!
The ADA may require companies to accommodate employee theft. Yep, stealing.
Back in 2011, the U.S. Equal Employment Opportunity Commission sued Walgreens from disability discrimination. Specifically, the EEOC claimed that Josefina Hernandez, a cashier at Walgreens’ South San Francisco store, who suffered from diabetes, was on duty when she opened a $1.39 bag of chips because she was suffering from an attack of hypoglycemia (low blood sugar).
The EEOC further alleged that Walgreens knew of Ms. Hernandez’s disability and fired Ms. Hernandez after being informed that Hernandez had eaten the chips because her blood sugar was low, even though she paid for the chips when she came off cashier duty.
This is one badass labor and employment law roundtable
Recently, several local lawyers and I participated in a labor and employment law roundtable for The Legal Intelligencer.
Actually, the table was rectangular. But, the coffee and muffins were free, so I didn’t complain.
Well, not until I dropped my pants and mooned the employee-rights lawyers on the panel. Trust me, they had it coming.
What’s hot at the EEOC? Plus, a legal roadmap for managing the aging workforce.
Whatcha doin’ two weeks from today?
Want to grab some breakfast with me? Maybe hear about what’s hot at the EEOC and get a legal roadmap for managing the aging workforce?
In you’re in the Philadelphia area and would like to learn more about these topics, then come on down to our offices on Thursday, April 24 at 8:30 AM for a free presentation with a complimentary continental breakfast. Lawyers can get CLE. HR credits will also be offered.
Playing golf and having sex are major life activities under the ADA
When Congress enacted the Americans with Disabilities Act Amendment Act, which went into effect on January 1, 2009, it indicated that one of its purposes was to “convey that the question of whether an individual’s impairment is a disability under the ADA should not demand extensive analysis.”
I vaguely recall some of the floor discussion in anticipation of the passage of the ADAAA:
“I yield to the Senator.”
2 million reasons to avoid the EEOC’s same-sex-harassment crosshairs
Last night, I read this press release from the United States Equal Employment Opportunity Commission, announcing a $2 million recovery for 50 male employees of a New Mexico automobile dealership.
What happened, you say? From the press release:
“In its lawsuit, the EEOC charged a former lot manager, James Gallegos, under the direction of Charles Ratliff, Jr., then general manager, with subjecting a class of men to egregious forms of sexual harassment, including shocking sexual comments, frequent solicitations for oral sex, and regular touching, grabbing, and biting of male workers on their buttocks and genitals. The EEOC also alleged that Pitre retaliated against male employees who objected to the sexually hostile work environment. During the pendency of the lawsuit, the retaliatory actions of Pitre raised such concern that a U.S. District Court judge granted a preliminary injunction against Pitre, prohibiting the dealership and all of its agents from threatening or engaging in retaliatory actions against case participants.”
A post about David Crosby, alcohol, and the ADA
On Monday, it was public urination.
Yesterday, we had indecent proposals.
And today, the blogging gods, in which I hold a sincerely-held belief, serve me up this federal court opinion about an alcoholic named David Crosby — not that David Crosby, but still — who sued his former employer for supposedly violating the Americans with Disabilities Act, as a result of his termination of employment after a 30-day stint in rehab.
Oh, sweet child! Someone catch me; I do believe I have the vapors.
Let us rejoice in the bounty together, after the jump…
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