Category Archives: ADA

Walgreens Settles Disability Discrimination Suit to the Tune of $180,000

The Equal Employment Opportunity Commission (EEOC) brought suit on behalf of a Walgreens employee who was fired after eating a $1.39 bag of chips during a hypoglycemic episode.  The employee reached for a bag of chips to stabilize her blood … Continue reading

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EEOC Issues New Guidance on Pregnancy Discrimination

This week, the Equal Employment Opportunity Commission (EEOC) released guidance on pregnancy discrimination, which is the EEOC’s first update on its position regarding this issue since 1983. This guidance has sparked criticism due to some of its controversial provisions. For … Continue reading

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IS OBESITY A DISABILITY UNDER THE ADA?

Recently an employee filed suit in Federal Court against her former employer for being fired because she was obese and, she claimed, her employer perceived this as a disability. In order for an employer to violate the Americans with Disabilities … Continue reading

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Reasonable Accommodations Under the Americans with Disabilities Act

Accommodating a disabled employee under the Americans with Disabilities Act (ADA) may seem to be a daunting task. While you want to enable an employee to perform their job, you also want to avoid excessive spending or inconvenience for the … Continue reading

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Fight the Flu: Implementing Mandatory Flu Vaccines

Some businesses host “Flu Vaccination Clinics,” but can you make getting a flu vaccine mandatory?  Some employers can require that their employees get a flu vaccination as long as they have an objective business reason to require the vaccine. If … Continue reading

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The Interplay of the ADA and FMLA

Jill, an employee, has a serious health condition and is out on leave under the Family Medical Leave Act (FMLA).  As Jill nears the point of exhausting her 12 weeks of leave, she calls or emails her employer to say … Continue reading

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EEOC Issues Updated Guidance Regarding Specific Disabilities

“Nearly 34 million Americans have been diagnosed with cancer, diabetes, or epilepsy, and more than 2 million have an intellectual disability . . . .  Many of them are looking for jobs or are already in the workplace.”                                   EEOC Chair … Continue reading

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Insubordination or ADA-Protected Conduct One Too Many Times?

Katherine Kelley, a nurse at Correctional Medical Services, Inc. (CMS), was terminated for insubordination after refusing an assignment she felt she was not physically able to do while recovering from a serious injury.  Kelley subsequently filed a claim under the … Continue reading

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The Use of Medical Marijuana Does Not Necessarily Excuse An Employee From a Positive Drug Test

Employees in safety-sensitive transportation positions will not be able to use a prescription for medical marijuana to excuse a positive drug test, according to the US Department of Transportation (DOT).  For obvious safety reasons, applicants and employees in these types … Continue reading

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Not All Injuries are Disabilities!

The American’s with Disabilities Act Amendments Act (ADAAA) has left many employers asking: “What doesn’t qualify as a disability?” A recent Massachusetts case offers one example of when an injury, at least under these facts, is not a disability/handicap. The … Continue reading

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