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Showing posts with label disability discrimination. Show all posts
Showing posts with label disability discrimination. Show all posts
Thursday, September 7, 2023

Can you hear me now?! Jury awards deaf truck driver $36M in disability discrimination lawsuit

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$36 million is a number large enough to get anyone's attention. It certainly got the attention of Drivers Management, LLC and Werner Ent...
Thursday, July 13, 2023

A disabled employee is entitled to a “reasonable” accommodation, not a “preferred” accommodation

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Jay Hannah worked as a package delivery driver for UPS. He developed hip bursitis, which caused pain in his lower back, hip, and buttocks. A...
Tuesday, July 11, 2023

“Geographical discrimination” is NOT a thing

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"If you don’t relocate and return to in-person work, we’re going to have to let you go." Many employers are having this very conve...
Wednesday, March 29, 2023

Wal-Mart (allegedly) did a 💩 job of accommodating this employee

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Why can't some employers understand the interactive process and make accommodations that are simple and easy to make? I wish I knew the ...
Wednesday, March 15, 2023

EEOC lawsuit highlights risks associated with not accommodating service animals

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The EEOC has filed a disability discrimination lawsuit against Papa John's Pizza claiming that it denied the request of Michael Barnes,...
Wednesday, March 8, 2023

Someone needs to take away Elon Musk’s twitter access

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The reality is that this guy (who is independently wealthy) did no actual work, claimed as his excuse that he had a disability that prevente...
Wednesday, February 8, 2023

Post-termination diagnosis is insufficient to support ADA claim

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Haley Hrdlicka, a 30-year General Motors employee, began having attendance problems after transferring to its Design Academy. Serious attend...
Wednesday, January 25, 2023

Offensive social media posts doom airline employee’s discrimination claim

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"If I were Black in America, I think I'd get down on my knees every day and thank my lucky stars that my ancestors were brought ove...
Thursday, December 15, 2022

Reasonable accommodations are for actual disabilities, not unhinged conspiracies

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If I've learned one thing from my 25+ years of practicing law it's that when a court describes your arguments as a "rambling an...
Thursday, November 10, 2022

Muckenfuss makes a mask fuss

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Michael Muckenfuss worked in maintenance at a Tyson Fresh Meats facility. When the Covid-19 pandemic began, the town's mayor instituted ...
Thursday, October 20, 2022

Ageist and ableist statements to 58-year-old disabled employee doom employer’s discrimination defense

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"I wouldn't think with your condition and—your medical condition and your age that you would want to teach." "I think you...
Thursday, September 15, 2022

Pre-employment pregnancy testing?

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I was tagged  on Twitter to address  this situation . My friend did a drug test for a part time job for the local school district. When she...
Wednesday, September 14, 2022

Lyfting independent contractor status

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If I asked you to identify Lyft's business, how would you answer?  "They're a transportation company," you'd say. Ther...
Thursday, July 7, 2022

A Q&A on service animals at work

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The EEOC has sued Hobby Lobby, accusing the arts-and-crafts retailer of refusing to reasonably accommodate a cashier by declining her the us...
Wednesday, July 6, 2022

Having a disability is NOT an excuse for mistreating others

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I've written before about BrewDog ( here and here ), the multinational Scottish craft brewery accused by hundreds of former employees  o...
Monday, April 18, 2022

Jury awards $450,000 to employee fired over unwanted birthday party

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Kevin Berling, a 10-month employee of Gravity Diagnostics, made a simple request of the manager of his office —"Please don't throw ...
Tuesday, March 1, 2022

If you want to get yourself into discrimination hot water, stereotype your protected-class employees

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To cases recently settled by the EEOC illustrate the point that stereotypes of protected-class employees are a quick path an expensive lesso...
Thursday, February 17, 2022

An employer has disability discrimination problems if the interactive process isn’t interactive

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You'd think an employer with the name Opportunities for Ohioans with Disabilities  would know a thing or two about complying with workpl...
Thursday, October 7, 2021

Coronavirus Update 10-7-21: EEOC brings its first pandemic-related lawsuit over a denied WFH accommodation

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The fact that an employer temporarily excused performance of one or more essential functions when it closed the workplace and enabled employ...
Wednesday, October 6, 2021

Employment law lessons from “Ted Lasso” — Let’s talk about medical confidentiality

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The penultimate episode of Season 2 of Ted Lasso ended with an absolute gut-punch of a cliffhanger. ( Spoiler Alert — Turn Back Now If You&...