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Disabilities

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The Difference Between Alcoholism and Drunk Under the ADA

August 25, 2014
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The ADA is never going to cover any employee who uses substances at work, let alone one who’s in an altered state a result.
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Cop Loses Big ADA Verdict on a Finding of No Disability

August 21, 2014
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Since Congress expanded the definition of 'disability' in 2009, conventional wisdom has said that most medical conditions will qualify for protection under the ADA. This case sets the bounds of the exception.
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The Untapped Talent Pool of People With Disabilities

August 7, 2014
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In an economy where companies are facing serious talent shortages, workers with disabilities offer a great value proposition.
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More on the Anticipatory Pregnancy Discrimination Case From Yesterday

August 7, 2014
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Why the case is an exception, not a rule; why the FMLA didn't protect the employee; and how Jon Hyman can sleep at night.
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Beware the 'Anticipatory Pregnancy' Claim

August 6, 2014
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If a pregnant employee tells you that she will be unable to perform at some point in the future, wait until that time to terminate her.
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EEOC Issues Enforcement Guidance, Q&A, and Fact Sheet on Pregnancy Discrimination

July 15, 2014
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All three documents are required reading for any employers with female employees of child-bearing age.
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What the ADA Says About Employee Medical Information and Social Media

July 8, 2014
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Employees need to be very careful when discussing a co-worker’s health on social media. And, employers need to train their employees about the ADA’s confidentiality rules and the extension of these rules to the 24/7 world of social media.
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EEOC Transforms a $1.39 Bag of Chips Into a $180,000 Settlement

July 7, 2014
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When the accommodation is so trivial (a $1.39 bag of chips), employers should strongly consider making the accommodation for an employee’s medical situation regardless of the scenario.
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The Hazy Issue of Marijuana in the Workplace

June 30, 2014
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Even with legalized pot laws on the books in 20 states, it’s still unclear how medical and recreational marijuana fits into workplace drug and alcohol policies.
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How Many Pre-Employment Medical Exams Does the ADA Permit?

June 30, 2014
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The answer is as many as reasonably necessary to determine whether the employee can perform the essential functions of the job with or without a reasonable accommodation.
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