@RussellCawyer “Shy Bladder Syndrome” ADA “Reasonable Accommodation” EEOC
Continue Reading Applicants with Trouble Going “Tinkle” May Be Entitled to Take Other Forms of Drug Tests as Reasonable Accommodation
Large Texas Employer Announces it Will Not Consider Applicants for Employment Who Use Products with Nicotine
One of North Texas’ largest employers announced that it will not longer hire or consider for hire any individual who uses any nicotine product (i.e., cigarettes, nicotine gum or patches, chewing tobacco or electronic cigarettes). Baylor Health Care Systems announced its new policy on the careers page of its website stating:
Transitioning HR Professionals –Look to Verizon for Employment
Verizon agreed to pay $20 million dollars and ceasing using its no-fault attendance policy for absences caused by impairments qualifying as disabilities under the ADAAA. Whatever the size of Verizon’s Human Resources Department, it looks like its going to need to be a lot larger.
As part of the settlement with the EEOC, Verizon agreed that
EEOC Takes Hog-Like Approach on Attendance as Essential Job Function
There’s an old saying in rural America that "pigs get fat and hogs get slaughtered." We used the phrase to describe someone who, instead of being satisfied with what he has, gets greedy. In the litigation context it can be used to describe a party that takes overly aggressive, unreasonable and untenable positions. My fellow bloggers, Work Blawg
EEOC Holds Hearing on Leave of Absence as Reasonable Accommodation
This week the EEOC held a hearing on whether new or updated regulations and enforcement guidance was needed with respect to providing leave of absence as a reasonable accommodation for disabled employees. The EEOC has recently been very aggressive in bringing suit against employers that use maximum leave policies or "inflexible" policies that provide no exception for reasonable accommodation.
Could the EEOC Sue on Behalf of an Employee Who Wanted the Right to Masturbate at Work?
There has been a lot of ink spilled and kilobytes written about how the ADA Amendments Act has substantially expanded the rights of individuals with disabilities to seek and obtain reasonable workplace accommodations. (See post, post, post, and post). The increase in the number of applicants and employees who qualify for reasonable accommodations and
El Paso EEOC Sues Starbucks over Height Challenged Barista
In a suit you don’t see filed everyday, the El Paso District Office of the EEOC recently filed a disability discrimination lawsuit against Starbucks over the termination of an employee suffering from dwarfism. According to the EEOC’s Complaint:
Charging Part has a physical impairment, dwarfism. . . [and] is substantially limited in the major life
New ADA Regulations Take Effect Next Week –Are you ready?
The EEOC published its final regulations interpreting the ADA Amendments Act on March 25, 2011. Consequently, those regulations become effective on March 24, 2011. The effect of the Act and these regulations is that large numbers of employees will qualify as disabled under the law thereby triggering an increased number of applicants and employees who
El Paso Court of Appeals Holds that Employer May Use Mandamus Petition to Challenge Trial Court’s Jurisdiction Where Employee’s Charge of Discrimination was not Timely
The El Paso Court of Appeals held this week that a Texas employer can use mandamus petition to challenge a trial court’s jurisdiction where the plaintiff-employee failed to file his charge of discrimination timely. A link to the opinion is here.
EEOC Changes Tactics in Enforcing “Pregnancy” Discrimination Laws
The EEOC recently brought suit against the country’s largest home builder on behalf of a pregnant employee who was denied a period of unpaid leave in addition to the maximum permitted under the employer’s policies. What is unique about this suit is that the EEOC brought the suit under the Americans with Disabilities Act rather than the Pregnancy