Normally, if you hear that an employee was on medical leave for a stroke, completed rehab, wanted to return to work and that the employer said “No”, you might automatically that the employer’s response is an FMLA or ADA violation, or both. Not always. I often write about cases that allow us to learn from […]
When Do You (Not) Have to Continue an ADA Accommodation?
Title I of the Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA), requires an employer to provide reasonable accommodations for employees/applicants that are qualified individuals with disabilities. Which accommodations are reasonable and how can you tell? Unfortunately, there is no bright-line rule. Employers must make an individualized assessment. Normally […]
How Does a One-Year Leave Policy Violate the ADA??
UPS just settled an 8-year disability discrimination lawsuit for $1.7 million. The employees in question had all had leaves of absence of more than one year and failed to return to work. So UPS fired them. What’s wrong with that? They hadn’t come to work in more than a year–and an employer still has […]
Holy Smoke! Do You Have to Allow Medical Marijuana at Work?
Do you conduct pre-employment drug screens? What if one of your applicants tests positive for marijuana? What if that candidate presents you with a card, showing that s/he uses medical marijuana, for treatment of a chronic condition? As you may know, medical marijuana is legal in at least 24 states, and the District of Columbia. […]
If You Give a (Mini) Horse an Office…
Did I get your attention there? Why would a horse need an office? It probably doesn’t, but then, again, would you give a pig a pancake? (If you don’t have young children or grandchildren, there really is a children’s book, “If You Give a Pig a Pancake” and it’s adorable. Ah well, I digress.) Who […]