Category Archives: Disability

EEOC MANDATES PERFORMANCE AWARD A supervisory Customs and Border Protection employee was not at work for more than half of the fiscal year due to cancer treatment and surgery. Nonetheless, he felt he was entitled to an annual performance award … Continue reading

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EEOC REMINDER ABOUT LEAVE AND REASONABLE ACCOMMODATIONS Given the increasing number of requests for reasonable accommodations, union reps need to remember the following EEOC precedent: “forcing an employee to take leave when another accommodation would permit an employee to continue … Continue reading

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COURT SAYS, “SLEEPWAKING INTO CO-WORKER’S” BED NOT PROTECTED We can’t think of the last time we agreed with an employment law decision out of the 5th Circuit Federal Court of Appeals in Louisiana.  Indeed, we often wonder whether it is … Continue reading

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THE AD/HD WORKER’S ADA PROTECTION In our experience, too many feds do not recognize what physical and mental conditions are protected by federal anti-discrimination statutes. EEOC is letting International Paper, Inc. know that the company violated law when it failed … Continue reading

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BIRTHDAY PARTIES AND PANIC ATTACKS Although the jury’s decision already has received wide publicity, it is such an interesting case that we thought we would make sure none of our readers missed it.  It seems management forced an employee to … Continue reading

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GILBERT & BROIDA RESCUE DISABLED CBP OFFICERS Way back in 2014 we wrote about a Customs and Border Patrol Officer with sleep apnea who asked to not be assigned to night shift or overtime work because his condition required that … Continue reading

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EEOC GRANTS $75,000 FOR WORKPLACE FOOD ALLERGIES HARASSMENT The employee worked in a large, open-space area surrounded by dozens of other employees when she developed allergies to spicy foods, e.g. pepper, Szechuan peppercorn, ginger, especially those made with oils. She … Continue reading

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UNION REP TEST #16 (Right to be Reassigned) If you have read our posts from the beginning, you know that there are a few situations where the employee has a right to be reassigned and one of them is where … Continue reading

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EEOC SUES TO ESTABLISH COVID TELEWORK ADA RIGHT Here we go. EEOC has gone to federal court to begin fleshing out a statutory right to telework under the ADA for those who qualify as disabled under the ADA and for … Continue reading

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EEOC SAYS, “LET THAT DOG WORK” An employee with a heart condition (atrial fibrillation or Afib) obtained a service dog that could alert her to when an attack was coming. Upon being alerted, she could take medication to avoid another … Continue reading

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