Articles Posted in Discrimination and Unlawful Harassment

Image by Erin Stone from Pixabay

The Americans with Disabilities Act requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, except when such accommodation would cause an undue hardship.

In the history of ADA, I don’t know of any court that has concluded that an employer must accommodate an employee’s use of medical marijuana. That’s because, federally, marijuana is still an illegal drug. (It’s on the Schedule One list). But, what about accommodating someone who uses medically-prescribed synthetic marijuana to treat the symptoms of an underlying disability? Continue reading

Image Credit: reassign by Ralf Schmitzer from the Noun Project

Imagine that you have an employee who becomes disabled and can no longer perform the job’s essential functions. Being the good employer that you are, consistent with the Americans with Disabilities Act, you engage the employee in an interactive dialogue to explore possible reasonable accommodations. After a lot of back and forth, the only possibility is a transfer to another director position.

Except, here’s the thing. Continue reading