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The Employer Handbook BlogFree ADA CLE This Friday: Better Documentation, Stronger Defenses
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Articles Posted in Disability
They Said The Executive Team Made the Firing Decision. Then the Executives Denied Being Involved.
Before telling an employee that the CEO approved her firing, it helps to check with the CEO. Especially if someone may eventually ask the CEO about it under oath. Continue reading
Greetings From Mexico. About That Sick-Leave Policy…
A Mexico vacation while on sick leave is an easy headline. The employer’s defense required a closer look at two separate decisions.
She Asked for Unpaid Leave as a Disability Accommodation. Her Employer Offered 240 Paid Hours Instead. 😱
An accommodation does not become unreasonable merely because the employee would rather save it for vacations and family emergencies.
TL;DR: A federal employee experiencing depression and cardiac arrhythmia requested unpaid leave, a lateral transfer, or other help. Her employer offered flexible use of approximately 240 hours of accrued paid leave and, when no comparable position was available, a lower-level job. The Eleventh Circuit affirmed summary judgment for the employer because the employee received reasonable options, even if they were not the ones she preferred.
Seven Employment Claims Took the Stage. Lizzo’s Touring Company Was Good as H*ll at Defeating Them.
Lizzo’s touring company swept every remaining claim from a former wardrobe assistant’s lawsuit off the stage. The celebrity headline masks an evidence lesson.
Remote Professor? A School’s No-Remote Rule Could Not Avoid an Accommodation Trial
A no-remote rule sounds straightforward. It became much less so when a professor with an autoimmune condition requested an accommodation.
A False Cancer Diagnosis Could Not Cure the Employer’s Very Real ADA Problem
He claimed that when he told his employer he had cancer, his boss reacted by saying, “Are you f*****g kidding me? Your obligations are here.” As it turned out, the diagnosis was wrong. That did not spare his employer from facing an ADA trial.
99.9% of Germs Eliminated. Also Her ADA Claims.
Keeping disinfectant in the office during the pandemic was understandable. Following coworkers around and spraying it on their clothes and sometimes in their mouths was not. Continue reading
Why an Open Job Beats Unpaid Leave When an Employee Can Work
The employee asked his manager about less physically demanding jobs. The manager offered to contact the risk department, then could not remember whether he ever did.
Can an Employer Reject a Doctor’s Return-to-Work Clearance?
His doctors cleared him to return to work. The railroad kept him away from moving trains for five years.