Category Archives: Disability

“FMLA-PLUS” LEAVE” WHAT IS IT? Over the last decade or so the idea has slowly taken hold that an employee can be entitled to even more time off the job beyond what FMLA might give him/her.  The basic theory is … Continue reading

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PUSH-UPS, SMUSH-UPS. QUALIFICATION STANDARD UNENFORCEABLE Management can’t enforce physical fitness qualification standards for employees—unless they follow the law.  It is not hard to wander from the requirements, as the Fish and Wildlife Service (FWS) did not long ago. That case … Continue reading

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IS A LESS STRESSFUL WORKING ENVIRONMENT A REASONABLE ACCOMMODATION? It seems that one local court in Florida does not think so, but what would you expect from a bunch of judges who can’t be fired, have no production deadlines, and … Continue reading

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EEOC REJECTS “LIP SERVICE” FOR THE DEAF/HOH There is not any breaking news here or newly-established legal precedent—and that is sad. This post is about yet another fed who requested a sign language interpreter for a last minute meeting a … Continue reading

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HR SPECIALISTS ALERT: DISABILITY LAW IS EVOLVING FOR YOU Suppose a manager calls HR one morning to report that one of her probationary employees has refused to perform a certain function of the job by the established due date and … Continue reading

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THE ONE-EYE AIR TRAFFIC CONTROLLER APPLICANT GETS 8 YEARS BACK PAY Back in 2008, Emiko applied for an Air Traffic Controller position and was selected contingent upon a medical exam and background check. When she completed her medical forms, she … Continue reading

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WHAT IS A DISABILITY UNDER ADAAA & REHAB ACT? The Dept. of Justice is about to issue its new regulation defining a disability. That means it is time for EEO, ER and Union leaders to take a few minutes to … Continue reading

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DISABLED EMPLOYEE BEATS IRS What is a disabled federal employee to do when her agency does not quickly react to her request for reasonable accommodations to help her deal with a disability which her psychiatrist documented as follows: “Complainant had … Continue reading

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NEW RULES ON LEAVE AS A REASONABLE ACCOMMODATION EEOC has just published some very helpful to advice for those of us on either side of the bargaining or litigation tables who wrestle with the question of when employees must be … Continue reading

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WHEN IS OBESITY A DISABILITY? A new U.S. Circuit Court decision outlines the criteria an obese employees must meet in order to request an accommodation.  The law firm of Ogletree Deakins wrote a good piece about what the case means … Continue reading

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