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The Employer Handbook BlogAn employer-defendant argued that cancer — CANCER!!! — is not an ADA disability
How do you think that worked out? (I’ve got a pretty good guess too).
After the jump, let’s see if we’re right.
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New Hampshire becomes the latest state to pass a social media workplace law
And I’m speaking today on social media in the workplace at the 2014 EEOC Excel Conference
Everything’s coming up Milhouse.
More on the former (and a little about the latter) after the jump…
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FMLA 101: Don’t make an employee work during leave. Just don’t.
Really. It’s a bad idea.
Like my youngest son using chopsticks and a fork at the same time to eat pho.
Ok, not that bad. But, definitely blogworthy.
More on this HR lesson after the jump…
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Court says having to pee uncontrollably is not an ADA disability
Talk about a pissed-off plaintiff.
I’ll be here all week. (Thank God it’s Friday).
More on this interesting Americans with Disabilities Act decision after the jump…
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Guess why dude lost his ADA failure-to-accommodate claim. (Hint: he didn’t ask for one).
When the new amendments to the the Americans with Disabilities Act took effect in 2009, the law became more employee-friendly by expanding the definition of what constitutes a disability.
That said, the law doesn’t (yet) require an employer to have a sixth sense about whether a disabled employee requires a reasonable accommodation.
Generally, an employee has to ask for it. Or, as we find out after the jump, an ADA failure-to-accommodate lawsuit is pretty much doomed.
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Here’s the wrong way to deliver FMLA notices to employees
Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed rounds.
But, if you send FMLA paperwork to an employee by first class mail, then you’re asking for trouble.
I’ll show you why after the jump…
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Learn all about religious accommodations in the workplace today at 2:00 PM EDT
Why, just the other night, I playing my 5-year-old son in a friendly game of Uno.
Well, it was friendly-ish in a cutthroat sorta way. At least, that’s what the look on his tear-stained face suggested to me when I mouthed “Uno,” shimmied, and spiked my final card to win my fourth game in a row.
Now, some would say that I took it a bit too far when I collected his tears, and then painted them on my face to mock his crying.
Inappropriate Facebook videos, comments doom an employee’s discrimination claims
On the clock or off, when employees do dumb stuff on Facebook, it could cost them their jobs. And, apparently, their discrimination claims against their former employer too.
Yep, another employee screwed up online. Go figure.
More on that after the jump…
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FACT OR FICTION: The ADA requires all employers to offer light duty.
That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.”
Peep this ADA failure-to-accommodate case. Plaintiff is disabled and requests light duty. However, the evidence presented showed that there were no light duty positions available and the plaintiff presented no evidence to the contrary.
In denying the plaintiff’s ADA claim, the court underscored that it’s the plaintiff’s burden to show that a requested reasonable accommodation exists and is available. Otherwise, my friends, if it’s not available, then it’s not reasonable.
Disclosing an employee’s medical info on Facebook is hella-stupid
Plus, it may violate the Americans with Disabilities Act too.
How one company’s alleged blunder turned into an ADA lawsuit and a blog post at https://www.theemployerhandbook.com…after the jump…
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