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How in the world did a DEAD person get suspended for racist behavior?!?
Uncredited [Public domain], via Wikimedia Commons
Uncredited [Public domain], via Wikimedia Commons
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On Wednesday, I blogged, “If your job applications look anything like this, well, damn, you’ve got some ADA problems.”
“This” was a medical questionnaire that inquired about certain medical conditions, whether the employee had an impairment or disability, and whether the employee had previous surgery or received a permanent disability rating.
In other words, questions that were designed to elicit information about whether an individual has a disability.
Not surprisingly, readers asked some good follow-up questions about related ADA issues; stuff that wasn’t part of the low-hanging fruit that the EEOC plucked when it sued the employer with the bad medical questionnaire.
For everyone’s benefit, let’s address those questions today. Continue reading
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I remember once I had a colleague asked me to review an addendum to a job application for a client to make sure it was all good and legal.
It wasn’t.
Continue reading

Image Credit: Pexels.com (https://www.pexels.com/photo/working-in-a-group-6224/)
Ever since the amendments to the Americans with Disability Act took effect in 2009, management-side employment lawyers have preached to clients that they should focus more on accommodating a disability rather than whether an employee has a disability in the first place.
But, what if you have an employee who seeks an accommodation — time off — for a condition that she claims impacts her ability to work?
Lorimar Productions/NBC [Public domain], via Wikimedia Commons
Some may even consider Sybil to be ‘crazy.’
Or at least someone with a mental impairment that substantially limits one or more major life activities a/k/a a disability. Continue reading
User:Jennifer Martin [CC BY-SA 4.0], via Wikimedia Commons
Mayor Bill de Blasio is expected to sign the legislation.
Public Domain, Link
Many people forget that federal anti-discrimination law, Title VII of the Civil Rights Act of 1964, contemplates reinstatement of an employee as a remedy for discrimination. Continue reading

Image Credit: Pixabay.com (https://pixabay.com/photos/thank-you-thanks-card-message-note-515514/)
I have two items I want to hit you with today, on both of which I’d love your feedback. Continue reading