When a statute does not spell out a framework for a plaintiff’s case, judges will assemble one. For plaintiffs suing under the Americans With Disabilities Act, the appropriate framework can vary, depending on which court you are in across the country, because the statute does not specify how plaintiffs should go about establishing a discrimination […]
How Can I Support My Disability Case? Read More »
Do you suffer from feelings of stress, anxiety, or depression? Does it affect your professional life? If the answer to both questions is yes, you’re not alone. Not only are you not alone, but you’re in the majority. According to the Anxiety Disorders Association of America 2006 Stress & Anxiety Disorders Survey, 56% of respondents
Mental Health Issues at Work and the ADA Read More »
Many people with disabilities have very unpredictable lives. Conditions may flare up, and treatment schedules and side effects of medications or surgeries may make maintaining a regular schedule difficult, if not impossible. Whether such an employee should be able to work irregular hours depends on the facts of the situation. In a recent Tennessee case,
If I Am Disabled, Do I Have to Work a Regular Schedule? Read More »
Generally, employers need not treat pregnant employees’ limitations as if they are disabilities. However, if the employee has developed a disability while pregnant, that disability may need to be accommodated because of the pregnancy. An employer also needs to provide similar accommodations to employees with similar limitations, regardless of whether they are pregnant. If a
Does My Employer Need to Accommodate a Pregnant Employee Like a Disabled Employee? Read More »
If you have been diagnosed with a physical or psychiatric condition and you need some help from your employer, you may want that help, but you also may want to protect your privacy. As with the rest of life, there is no free lunch under the law. If you want help, you may need to
Do I Need to Prove My Disability to My Employer? Read More »
If you need to pass a drug test to get hired, you may be concerned if you are taking medication to treat a disability. If you are using the drug legitimately, with a prescription and under the care of a physician, it should not prevent you from being hired, so long as you can show
Could You Lose a Job Opportunity If You Test Positive for a Prescription Drug? Read More »
Regardless of whether a denial of a request for light-duty work violates federal or state law may depend on how the employer handles light-duty work in general. If there are rules that favor such work for non-pregnant employees but make it more difficult for pregnant employees to obtain, you may have a valid claim of
Are Pregnant Employees Entitled to Light-Duty Work? Read More »
On July 22, 2014, President Obama signed into law the Workforce Innovation and Opportunity Act (WIOA). The WIOA is intended to help educate and train individuals and match up qualified and skilled workers with employers. To achieve these goals, the WIOA modified and superseded several other federal programs. Despite the WIOA updating existing laws and
DOL Proposes New Antidiscrimination Rules Under the WIOA Read More »
This is a guest post by Clay Hodges, a trial lawyer who specializes in products liability and personal injury law with the firm of Harris Sarratt & Hodges LLP in Raleigh, NC. He writes about failed medical devices and harmful drugs here. My clients have had to endure physical and emotional trauma when their artificial hip surgery fails.
Two Key Protections When You Lose Your Job or Wages Following Artificial Hip Failure Read More »
Employers must reasonably accommodate pregnant employees under state and federal laws. What those accommodations should be will vary depending on the needs of the employee and employer. If a pregnant employee asks for help but that request is denied, she should contact our office. Federal and state laws provide some protection for pregnant employees who want
Are Employers Required to Accommodate Pregnant Employees? Read More »
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