Is it Discrimination to Call Someone a Psycho?
Posted on March 28, 2018
the situation An employee is a veteran who suffers from PTSD. His supervisor refers to him as a “psycho” to some of his co workers on a number of occasions. Could this constitute discrimination? the ruling It might. A manufacturing company based in Wyoming recently settled a case with the EEOC which involved similar allegations, […]
Is An Allergy a Disability?
Posted on January 31, 2018
the situation An applicant for a position in a hospital has a latex allergy, meaning he could have a reaction to the latex gloves used with regularity in the hospital. Is this allergy a disability? And, if so, what does the hospital have to do to accommodate it?
Return to Work Only When Cleared of Medical Restrictions—Is this a Problem?
Posted on November 15, 2017
the situation A company requires all employees returning to work from medical leave to be able to perform their essential job duties without any sort of accommodation—basically a 100% return-to-work policy. The policy applies across the board, no matter what the medical condition or what the employee’s position. Is this lawful?
Could Denying A Request for an Extension of Medical Leave Violate the ADA?
Posted on September 27, 2017
the situation You have an employee who has been out on medical leave because of a serious health condition. But before his scheduled return-to-work-date, the employee requests an additional two months of leave to undergo further medical treatment. If you deny this request, could you be violating the ADA?
My Employee Badmouthed me on Glassdoor—Can I Fire Him?
Posted on June 21, 2017
the situation One of your employees says some negative things about your company on Glassdoor.com. You end up firing him shortly after his bad comments. Does this give him a basis for a retaliation claim? the ruling Depending on the content of the posts, you could be looking at a retaliation claim under these circumstances. […]
What Can you Ask about an Employee’s Medications?
Posted on June 14, 2017
the situation One of your supervisors finds out that an employee is under psychiatric care and asks him about the medication that he takes for his condition. The supervisor then tells the employee he cannot take that medication on the job. Is there anything wrong with his conduct?
Is Gender Dysphoria a Disability Under ADA?
Posted on May 31, 2017
the situation An employee who has been diagnosed with gender dysphoria requests that she be permitted to use the female bathroom, dress in a female uniform, and wear a nametag with a female name. Management refuses to accommodate these requests until her name and gender marker are legally changed from male to female. The employee’s […]