Court to employers: Don’t wait too long to arbitrate employments claims A recent federal appellate court decision is an important reminder to confirm early—not later—whether the employee suing your business...
Case Study: When Discussing Accommodations, Follow Interactive Process The Americans with Disabilities Act (ADA) and Massachusetts General Law Chapter 151B (Chapter 151B) both require employers to provide...
Case Study: When Discussing Accommodations, Follow Interactive Process The Americans with Disabilities Act (ADA) and Massachusetts General Law Chapter 151B (Chapter 151B) both require employers to provide...
“This case illustrates why the Americans with Disabilities Act (ADA) exists.” Imagine being an employer-defendant and reading that sentence as the lede in a court’s summary judgment opinion. Ouch! But...
Generally, an employer duty to accommodate takes more than an employee merely disclosing a disability In a recent Fourth Circuit decision, the plaintiff learned this lesson the hard way. The plaintiff, a lawyer who...
An employer settled claims it refused to accommodate a pregnant worker who then miscarried “Miscarriages can be personally devastating. No one should have to choose between getting the pregnancy care they need and...
An employer that fired an employee for a positive marijuana test may have discriminated against him too. Right or wrong, an honest belief may be all it takes to proffer a nondiscriminatory reason for an adverse...
How do we help an employee who blurts obscenities and racial slurs to our customers uncontrollably? Recently, I read a recent federal appellate court decision involving an employee with a rare form of Tourette Syndrome that...
145,000 reasons not to tell an employee they have “old-timers disease.” Also, it is a bad idea to give that same employee a “retire-or-be-fired” ultimatum shortly after they return from...
It’s 2024 and federal law still does not protect medical marijuana users from getting fired for testing positive. Historically, federal courts have determined that the Americans with Disabilities Act does not protect individuals with disabilities with valid...
This Employee Relations Department redeemed itself (sort of). Earlier in the week, I shared four ways to BOTCH a sexual harassment investigation. My “muse” was an Employee...
In January, a 78-year-old receptionist was named “Employee of the Year.” In February, she was fired. This sounds like something that might interest the U.S. Equal Employment Opportunity Commission. Oh, wait. Would you look at...
How do we help our employee who tells us she has early-onset Alzheimer’s disease? Hopefully, your business never has to address a situation where an employee is suffering from progressive memory loss and...
A federal jury awarded $1,675,000 to a deaf applicant passed over for two warehouse positions Before discussing the jury verdict, I’ll tell you a little about how we got here. Let’s go back to...
Next time, just give her the damn stool. Last night, I went shopping on Amazon for a new stool. At $48.90, this one came recommended as excellent...
Reasonable accommodations for disabled employees need to be reasonable, not perfect I won’t bury the lede, which I’ll quote from the Fourth Circuit decision I read last night. The [Americans...
Reflecting on a Year of Inclusivity: DirectEmployers ERG Year-End Recap and 2024 Expansion Plan As we wrap up another year at DirectEmployers, it’s time to reflect on the achievements and milestones of our...
Here’s your annual reminder not to misjudge and stereotype when employees with disabilities may be a “direct threat” to others. You’re not a doctor. (Unless you’re a doctor.) So don’t act like one when deciding which of your employees...
85,286 reasons not to treat an employee differently because their family member is disabled The Americans with Disabilities Act requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are...
Employers do not need to recreate accommodations that do not exist to help employees with disabilities Federal anti-discrimination laws, such as the Americans with Disabilities Act and the Rehabilitation Act, help ensure that individuals with...