If the phased and fluid approach of returning to worksites seems at times frustrating, it’s because the typical process is dependent on many factors. These … Read more
HR Worried A Dyslexic Would Fail, So She Was Fired
Do you know that proverb “no good deed goes unpunished”? This isn’t that situation. “There was no point in continuing the training.” Last week, the EEOC … Read more
What Can We Do About an Employee Showing Signs of Mental Decline?
Editor’s Note: It’s an annual tradition for TLNT to count down the most popular posts of the previous 12 months. We’re reposting each of the top 30 … Read more
Court Says Accommodation May Be Required After Giving Birth
A federal court just sent a warning shot to bosses: the effects of pregnancy don’t end at birth. The U.S. Court of Appeals for the Eleventh Circuit, which … Read more
Massachusetts Court Says Medical Marijuana Users Are Entitled to Accommodation
On July 17th, the Massachusetts Supreme Judicial Court unanimously held that an employee may pursue a disability discrimination claim under state law … Read more
What Does the ADA Require For a Mental Health Episode At Work?
My skin crawls thinking about the Google search terms that will land some HR professionals on this post, which involves a failed suicide … Read more
How Far Must You Go to Accommodate Wild Religious Beliefs?
By Eric B. Meyer Most employment lawyers — especially us blogger types — are never at a loss for a good war story. Like that time I sat through the … Read more
Permanent Light Duty Is NOT a Reasonable Accommodation Under the ADA
By Eric B. Meyer The Americans with Disabilities Act requires employers to provide a reasonable accommodation to an individual with a disability, if doing … Read more
Under the ADA, Working Overtime Can be Considered an Essential Job Function
By Eric B. Meyer Back in 2012, when I wasn’t part of this new protected class, I wrote here about whether an employer would violate the Americans with … Read more
What Caused Employee to Claim Disability Discrimination on Her 2nd Day of Work?
By Eric B. Meyer When was the last time that you trained your managers and supervisors on how to address disability accommodation requests? Or, how about … Read more
Must Employers Accommodate Employee Medical Marijuana Use?
By Eric B. Meyer I’ve blogged before about how grilling a medical marijuana user about her disability, just before firing the employee, could give rise to … Read more
How Do You Accommodate Religious Beliefs for Hundreds of Employees?
By Eric B. Meyer Yesterday, I had one of those moments. You know the ones. For me, it was when a client asked me when I was going to blog about the Muslim … Read more
With ADA Accommodations, Sometimes It’s Simple — Just Give Them the Chair!
By Eric B. Meyer Several years ago, I attended a continuing legal education event at which a panel of attorneys discussed accommodations under the … Read more
A Sobering Lesson: Why HR Needs to Be Up to Date on Accommodation Requests
By Eric B. Meyer It was the bottom of the first page of this recent federal court opinion in EEOC v. Star Transport, Inc. really grabbed my attention: In … Read more
Is Attendance at Work Truly Essential Under the ADA?
By Eric B. Meyer The regulations to the Americans with Disabilities Act include a non-exhaustive list of reasonable accommodations that may apply to allow … Read more
Yes, the ADA Requires You to Accommodate Someone’s Peanut Allergies at Work
By Eric B. Meyer When I make my youngest son’s school snack in the morning, I’ve got be sure that I don’t include any peanut products. This is because … Read more
Employees Usually Need to Ask For an Accommodation to Get an Accommodation
By Eric B. Meyer The Americans with Disabilities Act requires an employer to accommodate an employee with a disability, if doing so will enable that … Read more
Can You Legally Fire an Alcoholic Who Doesn’t Request Treatment?
By Eric B. Meyer An alcoholic employee can present a number of tricky legal issues affecting the workplace. Under the Americans with Disabilities Act, … Read more
HR Basics: Accommodating and Hiring a Deaf Person For a Safety-Sensitive Position
By Eric B. Meyer One of my all-time favorite ADA cases — God, am I a dork — is Keith v. County of Oakland, which I previously blogged about. It involves a … Read more
Do You Have to Accommodate an Outdoor Worker Who Can’t Work in the Sun?
By Eric B. Meyer Yesterday, I read this federal court opinion (Jordan v. Crossroads Utility Service) about an employee who was hired to work outdoors … Read more