Rock ‘n Roll Singer on FMLA is Now Singing the Blues

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 [...]

By |2020-02-22T08:48:32-07:00February 21st, 2020|Uncategorized|0 Comments

ADA Claims are #1 at the EEOC in 2019!

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, [...]

By |2020-02-13T20:54:56-07:00February 13th, 2020|Uncategorized|0 Comments

When’s the Last Time the US Congress Passed a Major Employment Law?

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 [...]

By |2020-01-30T18:49:15-07:00January 30th, 2020|Uncategorized|0 Comments

What’s a “Service Animal?” Emotional Support Animals as ADA Accommodations

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 [...]

By |2020-01-27T19:58:13-07:00January 27th, 2020|Uncategorized|0 Comments

It’s the Little Things: Managerial “Poor Handling” Increases ADA Claim Risk

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’ [...]

By |2020-01-27T19:59:15-07:00October 24th, 2019|Uncategorized|0 Comments