The Employer Handbook BlogArticles Posted in Discrimination and Unlawful Harassment
EEOC claims four HR employees facilitated two acts of disability bias against the same person
The Americans with Disabilities Act makes it unlawful for an employer to discriminate against a qualified applicant or employee with a disability. According to a lawsuit that the U.S. Equal Employment Opportunity Commission filed yesterday, an employer did both.
To the same individual. Continue reading
The ADA may require accommodations for alcoholics. But it can get tricky when police are involved.
Yes, alcoholism can be a disability under the Americans with Disabilities Act. Continue reading
Here’s something you might not have known about the new federal pregnancy accommodation law.
Yesterday, the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency tasked with enforcing the new Pregnant Workers Fairness Act (PWFA), released proposed regulations for public comments. 275 pages of them.
But I only needed the first eight or so to realize that the PWFA, which requires covered employers to provide reasonable accommodations to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, has a few pitfalls for unwary employers. Continue reading
50,000 reasons not to mandate prayer at work
Did you know that in 2022, claims of religious discrimination at work filed with the EEOC were up over 650% from the previous year? SIX HUNDRED AND FIFTY PERCENT!
Sometimes, the only reasonable accommodation is one where the employee doesn’t work.
Yesterday, we talked about how workplace accommodations that enable an employee to remain at work (and get paid) are generally better than ones that require time off, like an unpaid leave of absence.
But sometimes, there’s only one option. Continue reading
Is do-it-yourself dialysis at work an ADA reasonable accommodation? The EEOC thinks so.
I’ve practiced law for over twenty years, mainly as an employment lawyer. In that time, I’ve lost track of the number of times that I’ve counseled employers on their obligations under the Americans with Disabilities Act. Some of those have involved accommodating employees with end-stage renal disease and adjusting work schedules to allow for dialysis appointments.
But, an accommodation request to perform dialysis at work? That’s a new one.
Thank you, EEOC, for this new ADA visual disabilities in the workplace guidance document
Yesterday, the U.S. Equal Employment Opportunity Commission released a new technical assistance document called “Visual Disabilities in the Workplace and the Americans with Disabilities Act.”
Sure, you could read all 59 pages of it. Or I can digest it here for you in a few hundred words—your choice. Continue reading
What state’s employment laws apply when a non-resident remote worker sues your business?
Last night, I read a New Jersey federal court opinion involving a woman who lived and worked remotely in New Hampshire for a company in New Jersey. She sued under New Jersey law, alleging she received less pay than certain male co-workers. The defendants moved to dismiss the action because the remote worker did not live or work in New Jersey. But the court denied the motion.
Here’s why. Continue reading