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Is Telecommuting a Reasonable Accommodation Under the ADA?
By Eric B. Meyer Much has been written lately in the blogosphere about telecommuting as a reasonable accommodation under the Americans with Disabilities Act for qualifying disabled employees. Last...
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Employment Law Basics: Living With the ADA and the ADAAA
Employment laws can be confusing and downright scary. They don’t have to be. As a public service, from now until my special Halloween webinar Answers to the World’s Scariest Employment Law Questions,...
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Tapping the Untapped: Including Deaf Employees in the Workforce
By Patrick H. Hicks and Kristina Escamilla Gilmore Diversity in the workplace benefits employees, employers and society as a whole. Today, employers recognize the value of a diverse workforce and have...
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EEOC’s New Focus: Workplace Discrimination Against Domestic Violence Victims
The U.S. Equal Employment Opportunity Commission has released a new Q&A Fact Sheet on domestic/dating violence, sexual assault and stalking. What’s it all about? The document starts by recognizing...
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How to Avoid a Disability Discrimination Claim When Hiring
By Eric B. Meyer I was reading this federal court opinion over the weekend. It involves a disability-discrimination claim brought by a deaf man who applied to become a lifeguard at a county pool, but...
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How Should You Deal With Anger in the Workplace? Very Carefully
By Sara J. Fagnilli Perhaps it’s simply a reflection of our hectic, fast-paced society today, but it seems like more and more people today are labeled as having anger management issues. We see it in...
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Yahoo’s New No Telecommuting Rule: Could It Be Unlawful Under the ADA?
By Eric B. Meyer Over the weekend Kara Swisher on AllThingsD.com reported that Yahoo, under its new leadership, will implement a no-telecommuting rule, effective June 1. Swisher posted a copy of the...
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Leave as an ADA Accommodation: When Is Enough, Enough?
By Eric B. Meyer Unquestionably, when it come to tackling the Americans with Disabilities Act, one of the biggest issues affecting the workplace and accommodating disabled employees is providing leave...
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Are Rarely Performed Job Functions “Essential” Under the ADA?
By Eric B. Meyer You run a delivery service using large trucks and require that drivers be qualified by the U.S. Department of Transportation. Although your facility managers aren’t often behind the...
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Employment At Will: The Most Misunderstood Workplace Principle
By John A. Gallagher Most Americans have a general understanding of the “employment at will” doctrine. They understand that it means that they are not guaranteed employment for any specific period of...
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Can Being Short Be Considered a Disability Under the ADA?
By Eric B. Meyer Barbara Joy McElmurry worked for the Arizona Department of Agriculture. In a Complaint she filed in federal court, she alleged that her supervisor forced her into a field work position...
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Psych Counseling For Employees: How to Do It the ADA-Approved Way
By Eric B. Meyer The Americans with Disabilities Act (ADA) limits when an employer can require an employee to take a medical examination. Specifically, the ADA forbids employers from requiring medical...
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Is Obesity a Workplace Disability? One Court Bucks the Trend and Says No
By Eric B. Meyer In mid-June, the American Medical Association concluded that obesity is a disease “requiring a range of medical interventions to advance obesity treatment and prevention.” This news...
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Sleeping on the Job May Be Protected Under the ADA
By Eric B. Meyer That George Costanza was definitely on to something. A federal court in Virginia recently denied an employer’s attempt to dismiss the complaint of a former employee who claimed that...
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Yes, It’s Easy For Employees to Be Considered Disabled Under the ADA
By Eric B. Meyer When the Americans with Disabilities Act Amendments Act went into effect in 2009, it significantly lowered the bar for proving a “disability.” How low did it go? You’ll see how low...
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Making ADA Accommodations: Yes, Reasonable Is Good Enough
By Eric B. Meyer Under the Americans with Disabilities Act, an employer must make reasonable accommodation to the known physical or mental limitations of an individual unless the employer can show that...
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Under the ADA, a 15-Minute Duty Could Be an Essential Job Function
By Eric B. Meyer Kolja Vraniskoska worked as an Environmental Services Technician for Franciscan Communities, Inc., a nursing home. Ms. Vran– (eh, let’s go with Ms. V) — had several responsibilities as...
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EEOC Its Increasing Focus on Obesity as a Workplace Disability
By Eric B. Meyer About two years ago, the EEOC sued a Texas company, alleging that the company engaged in disability discrimination, in violation of the Americans with Disabilities Act, when it fired a...
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In a Job Transfer, Must You Always Accommodate Disabled Employees?
By Eric. B. Meyer Last Friday, I had the pleasure of speaking at the National Employment Lawyers Association – New Jersey Annual Conference. I must admit that I was a bit leery. While it sounded...
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Worker Asks Court to Stop Company From Making Her Work Saturdays
By Eric B. Meyer Sounds like someone’s taken a page out of the Lionel Hutz playbook. Patrice Williams is a Seventh-Day Adventist. Seventh-Day Adventists believe that the Sabbath runs from sundown...
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