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Disabilities

How to Manage the Dreaded Flu Season

November 1, 2013
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Offer vaccinations free of charge to your employees right in your workplace. The cost to administer them will pay for itself.
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Legal Briefing: Worker With Multiple Seizures Not Qualified for Job Under ADA

July 30, 2013
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Although an employer is required to engage in an interactive with an employee to determine if a reasonable accommodation exists, the employee must still be able to perform the essential functions of the job to retain the protections of the ADA.
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The FMLA, the ADA and No-Fault Attendance Policies

July 2, 2013
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Employers have a lot to gain from no-fault attendance policies. In deciding whether to adopt or continue a no-fault attendance policy, however, employers must carefully balance those benefits against the risk of FMLA or ADA violations.
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Employee Medical Information and Social Media

June 24, 2013
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Social media is informal and instantaneous. Employees often post before they think about the implications of what they are posting. A policy statement on this issue could save you a headache in a disability discrimination lawsuit down the road.
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Classification of Obesity as a Disease Has Huge Employment Law Implications

June 20, 2013
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Conventional wisdom has been that normal, run-of-the-mill obesity, unlinked to an underlying medical condition such as diabetes, is not a disability protected from discrimination by the Americans with Disabilities Act. This decision by the AMA, however, will likely flip that conventional wisdom on its head.
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Patriots Cutting Diabetic Player Raises Serious ADA Issues

May 16, 2013
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It is an understatement to characterize this termination—undertaken without any apparent consideration of whether the team could accommodate the diabetes—as high risk. It would not surprise me in the least if, given the high profile nature of this employment decision, the EEOC takes up Kyle Love's cause to further its mission of disability-rights awareness.
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EEOC Lands Its Largest Settlement Ever

May 6, 2013
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I never thought I'd read about a case in which I could say to myself, “A $240 million jury verdict doesn't seem all that out of whack.” Then I read about the Equal Employment Opportunity Commission's recent $240 million jury verdict against Henry's Turkey Service. The agency alleged that the farm subjected its 32 mentally disabled workers to decades of abuse.
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Bald Is Beautiful … Unless You're a Hooters Waitress After Brain Surgery

April 10, 2013
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The insensitivity of Hooters's reaction to this situation is easy to spot. Just because Hooters acted insensitively, however, does not mean that it acted illegally. Indeed, whether the wig requirement discriminated against Sandra Lupo is a tricky question.
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Can You Hear Me Now? Unilateral Deafness Is Not an ADA Disability

April 3, 2013
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This case is significant because it proves the exception—that a subset of diagnosed medical conditions exists that does not qualify as an ADA-protected disability.
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Accommodating Disabled Job Applicants is No Game

March 20, 2013
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If a job applicant needs an accommodation to complete the interview process, and it does not impose an undue burden, provide it. If it turns out that someone cannot perform the essential functions of the job even with an accommodation, you are within your rights to deny employment. You cannot make that determination, however, unless you consider them for the job first.
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