A thought-provoking editorial from Dara Khosrowshahi, the CEO of Uber, about the need for a new (or third) classification of worker to be created under the law. It would involve pulling from both the employment and independent contractor models and creating a new hybrid class of workers that makes sense for our gig economy. In [...]

As most know, the Americans with Disabilities Act only protects “qualified individuals” with a disability from employment discrimination. But what does it take to be a “qualified individual?” The U.S. Equal Employment Opportunity Commission previously issued interpretive guidance that established a two-step process for determining when someone is a qualified individual: “The first step is to determine [...]

Do you ever lay up late at night thinking about deep employment law questions? Wow, that's funny, so do I! Here’s one for you: under the Americans with Disabilities Act, when we say that an accommodation requested by an employee is “unreasonable,” are we also saying that it creates an “undue hardship” for the employer? In other [...]

Researchers at Penn State just released an interesting study about how job candidates’ social media activity can impact hireability.  Previous studies show that up to 70% of employers look at candidates’ social media activity when doing their due diligence in the hiring process—and we all know it’s a very common practice by hiring managers. In [...]

In a recent FMLA case, a county maintenance worker was approved to take intermittent leave whenever his esophageal achalasia (a throat condition) flared up. This employee also happened to be a singer in a local rock ‘n roll band. Under the robust category of “be-careful-what-you-post-on-Facebook-whenever-you-take-FMLA-for-your-throat-condition-and-also-happen-to-be-the-leader-singer-in-a-band,” coworkers saw pictures and videos of him on Facebook belting out the [...]

Wow.  It finally happened.  In 2019, ADA disability claims became the #1 type of discrimination claim filed with the EEOC throughout the country (representing 33.4% of all EEO claims filed). Why is this a big deal? For years and years, the most “popular” protected classes were race (#1) and sex (#2) (although in 2018, race, [...]

A Great Conversation Starter: When's the Last Time the US Congress Passed a Major Employment Law? The next time you’re at a party here’s a great question to ask a new acquaintance in order to start a stimulating conversation: “when’s the last time the US Congress passed a major piece of employment-related legislation?” (hmmm, I wonder [...]

Are employees with mental health conditions asking to bring emotional support animals (ESAs) with them to work? This growing trend has created challenges for employers, while revealing an ambiguity in Title I of the Americans with Disabilities Act (the section that applies to employers).   Titles II & III of the ADA (which address accommodations [...]

You often hear people say that “it’s the little things that count.” Unfortunately, this is true for both positive and negative “little things.”  In my practice, I’ve encountered a lot of problems with “little things” when it comes to the Americans with Disabilities Act… namely, managers (and sometimes even HR representatives) poorly handling employees’ [...]