Category Archives: Disability

THE RIGHT TO SERVICE ANIMALS IN THE WORKPLACE A well-respected law firm just sent a legal memo out to its clients giving them a good overview of the right of disabled employees to bring service animals to the office or … Continue reading

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THE ILLEGAL “100% HEALED” RULE Suppose your agency required employees to be 100% medically fit to do all aspects of the job before it would let them return from sick or FMLA leave.  This rule could apply to feds guarding … Continue reading

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PROMOTION ILLEGALLY DENIED DUE TO RISK OF FUTURE INJURY Promotions can be denied when an employee’s disability creates a risk of injuring himself or co-workers in the future; there does not have to be a record of past injuries. But, … Continue reading

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EEOC REAFFIRMS RIGHT TO ACCOMMODATION REASSIGNMENTS It seems like every day we check this Administration has taken away one employee right after another.  So it was comforting to see the new EEOC decision reconfirming a disabled employee’s reasonable accommodation right … Continue reading

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“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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