Clik here to view.
Court: Anxiety Over Possibly Getting Fired Is a Disability Under the ADA
By Eric B. Meyer Let me tell you about a teacher in South Dakota. In 2010, she received a letter communicating concerns about her performance. Subsequent evaluations of the teacher’s classes noted...
View ArticleClik here to view.
The Golden Rule of Accommodating Employees Under the ADA
By Eric B. Meyer Recently, I talked about reasonable accommodations under the Americans with Disabilities Act, and the importance of having an open-minded, respectful conversation with a disabled...
View ArticleClik here to view.
Indefinite Leave? In New York City, It’s a Reasonable Accommodation
By Eric B. Meyer New York City. As Jay-Z and Alicia Keys sang, it’s the “concrete jungle where dreams are made of. There’s nothin’ you can’t do.” That includes taking indefinite leave as a “reasonable”...
View ArticleClik here to view.
Fat Jokes Can Turn Out to Be a Costly Workplace Problem
By Carmon M. Harvey When dearly departed Chris Farley made fun of his weight, it was hilarious and worth millions at the box office. But for employers with employees who similarly make light of their...
View ArticleClik here to view.
Changing Supervisors Is NOT a Required ADA Accommodation
By Eric B. Meyer Work got you anxious and depressed? Well then, you may be disabled under the Americans with Disabilities Act. But if you think that the ADA requires your employer to transfer you away...
View ArticleClik here to view.
Going to the Dogs: When Do You Have to Allow Animals at Work?
By Carmon M. Harvey These days, dogs are everywhere. They are carried, pushed, toted, and even sometimes walked into almost every building imaginable – office buildings, shopping malls, classrooms,...
View ArticleClik here to view.
Philadelphia Bill Would Require Accommodating Pregnant Employees
By Eric B. Meyer Last week, I wrote about last news of a bill pending in New Jersey, requiring employers to make available reasonable accommodation for pregnancy-related needs when requested by the...
View ArticleClik here to view.
Yes, the ADA Requires a Person to Show They Have a Disability
By Eric B. Meyer When the Americans with Disabilities Act Amendments Act (ADAAA) went into effect on January 1, 2009, the changes to the Americans with Disabilities Act (ADA) emphasized construing the...
View ArticleClik here to view.
Pregnancy Isn’t a Workplace Disability, But How About Morning Sickness?
By Eric B. Meyer An employee-plaintiff who claims that she was discriminated against under the Americans with Disabilities Act due to her pregnancy alone, will lost her ADA claim 10 times out of 10....
View ArticleClik here to view.
Must an Employer Ask If a Disability is Causing Poor Performance?
By Eric B. Meyer You’ve got an employee with performance issues. Big time! Initially, you put her on a series of performance improvement plans. But, that doesn’t result in — oh, what’s the word I’m...
View ArticleClik here to view.
By the Numbers: How to Handle Employees Caught Sleeping on the Job
By Carolyn A. Pellegrini This picture was recently circulated to among the bloggers with a challenge: turn this picture into a blog entry. After dispelling all rumors that the picture was of me...
View ArticleClik here to view.
Telling An Employee They Need to Lose Weight is NOT Discrimination
By Eric B. Meyer Let’s talk (alleged) big butts and discrimination. In Luster-Malone v. Cook County, Ms. Luster-Malone, a hospital employee, alleged that her supervisor told her, “‘your big fat ass...
View ArticleClik here to view.
A Cautionary Tale: Jumping to Conclusions About Sleeping on the Job
By Carolyn A. Pellegrini I previously cautioned employers about sending employees packing when they are found sleeping on the job due to the possibility that the employee’s catnap is...
View ArticleClik here to view.
EEOC Settles GINA Lawsuit Against New York State Nursing Home
By Elizabeth Tempio Clement Just 10 months after the Equal Employment Opportunity Commission filed its first systemic lawsuit alleging violations of the Genetic Information Nondiscrimination Act (GINA)...
View ArticleClik here to view.
Must I Accommodate a Graveyard Shift Worker With Insomnia?
By Eric B. Meyer Let’s assume that you run a factory in which employees are scheduled on one of two shifts: (1) 6:00 AM – 6:00 PM; or (2) 6:00 PM to 6:00 AM. One of your employees comes to you with a...
View ArticleClik here to view.
3 Months and Counting: Top State Law Changes for Employers in 2014
By Ashley Kaplan The legal environment for employers is always changing. And nowhere is this felt more strongly than at the state (and even local) level. While every year tends to bring a handful of...
View ArticleClik here to view.
Can You Just Withdraw a Reasonable Accommodation Under the ADA?
By Eric B. Meyer Let’s say that you have an employee whom the Americans with Disabilities Act would consider disabled and to whom you have afforded a reasonable accommodation for a long time. Maybe...
View ArticleClik here to view.
Alcoholism on the Job: The Tricky Issue Handling It Under the ADA
By Eric B. Meyer Alcoholism is generally a disability. Under the Americans with Disabilities Act, the term “disability” is broadly defined. What matters is that the impairment substantially limits a...
View ArticleClik here to view.
HR Basics: Is Telecommuting a Reasonable Accommodation?
By Chastity C. Bruno With today’s advances in technology, more employers have discovered the benefits of permitting employees to work from home – aka telecommuting. However, the question becomes this:...
View ArticleClik here to view.
Supreme Court Will Hear Case on Pregnancy Accommodation at Work
By Steven E. Kaplan Last week, the U.S. Supreme Court agreed to review Young v. UPS, a decision that will determine whether and to what extent an employer must provide pregnant employees with work...
View Article