Category Archives: Disability

WELL ISN’T THIS AN INTERESTING UNION COVID RESPONSE Some enterprising legal eagles in New York City just filed a class action lawsuit claiming that an employer must provide reasonable accommodations to employees at risk of catching COVID-19 at the job site.  Their … Continue reading

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ACCOMMODATING THE DISABLED ALMOST EVERY TIME IS NOT GOOD ENOUGH  Not long ago the Dept. of Defense tried to defend itself against an allegation that it had failed to provide a deaf employee a reasonable accommodation by pointing out that … Continue reading

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EEOC ISSUES NEW GUIDANCE ADDRESSING THE ADA, REHABILITATION ACT AND COVID-19 Union reps need to stay abreast of information like this that will determine whether and how they can help their members.

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THE REASONABLE ACCOMMODATION SEARCH AREA How far must an agency search in seeking a position to which it can reassign an employee needing a reasonable accommodation?  Here is what EEOC said recently. “We emphasize that a federal agency’s obligation under … Continue reading

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WHEN AN EMPLOYEE’S CHILD IS DISABLED Pass Me On to Unit Members: What protection does an employee have when a child’s sickness requires that the parent stay home, but the parent does not have leave to do so? Can the … Continue reading

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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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