Let’s revisit whether morbid obesity is a disability (and why, sometimes, it may not matter).
In today’s blog post, we’re doubling up on the employment law lessons. It’s a two for Tuesday Thursday! What...
Tag: disability
Another employer learns the hard way that it’s better to hire slow and fire fast
A company fired one of its employees just ten days after learning about his disability. Although the proximity between...
Case Study: 4th Circuit Delivers Road Map for Accommodation Process
The Americans with Disabilities Act (ADA) requires employers to engage in an interactive, good-faith process to determine if reasonable...
I may have located the blueprint showing when regular, in-person attendance is an ADA essential job function
Earlier this month, a federal appellate court had to decide whether a hospital employee could perform her job remotely...
Can a company require OT — even if a disability prevents an employee from working long hours?
TL;DR: Yes. But, working overtime must be an essential function of the job. Here’s an example from a recent...
EEOC claims four HR employees facilitated two acts of disability bias against the same person
The Americans with Disabilities Act makes it unlawful for an employer to discriminate against a qualified applicant or employee...
The ADA may require accommodations for alcoholics. But it can get tricky when police are involved.
Yes, alcoholism can be a disability under the Americans with Disabilities Act. The EEOC notes here that the ADA may...
Sometimes, the only reasonable accommodation is one where the employee doesn’t work.
Yesterday, we talked about how workplace accommodations that enable an employee to remain at work (and get paid) are...
Is do-it-yourself dialysis at work an ADA reasonable accommodation? The EEOC thinks so.
I’ve practiced law for over twenty years, mainly as an employment lawyer. In that time, I’ve lost track of...
Thank you, EEOC, for this new ADA visual disabilities in the workplace guidance document
Yesterday, the U.S. Equal Employment Opportunity Commission released a new technical assistance document called “Visual Disabilities in the...
If you hire someone who says they are in a drug treatment program, don’t do this…
The Americans with Disabilities Act prohibits discrimination based on a disability concerning employment. That includes refusing to hire someone...
Indirect consequences of not accommodating disabilities at work can land employers in hot water
Yesterday, we discussed how an employee asserting a failure-to-accommodate claim under Title VII must establish that their request for...
A employee in Puerto Rico needed an accommodation to avoid the humidity. Ok.
I’m neither a doctor nor a meteorologist but an employment lawyer. And, like the First Circuit Court of Appeals...
Even in one of the most employee-friendly states, COVID-19 isn’t necessarily a disability
Near the beginning of the pandemic, an employee in New Jersey reported to work but felt ill; specifically, he...
The 5 Most Common Biases in Talent Acquisition
Diversity, equity, and inclusion (DEI) is not just about adding people of different backgrounds and abilities to your team....
Does telling an employee to seek anger management mean that you regard them as having an ADA disability?
Now, I know a lot of you reading this are out in Las Vegas at SHRM23 right now. And...
She said the quiet part loud and the loud part, well, not at all.
The Americans with Disabilities Act does not protect employee use of illegal drugs. It does not prevent employers from...
The public health emergency is over. So why is the EEOC issuing new COVID-19 guidance to employers?
On May 11, 2023, the federal Public Health Emergency for COVID-19 ended. However, the U.S. Equal Employment Opportunity Commission...
Rarely, futility and fear of retaliation excuse an employee from complaining about harassment. Here’s one.
When a plaintiff sues, alleging a supervisor subjected them to a hostile work environment, the defendant may avoid liability...
OFCCP Week in Review, Special Edition | DEAMcon23 Day Two Recap
This is Part 2 of a 3-part series reporting on the 50 speakers delivering 27 different educational presentations at...