Lately, there’s been a lot of talk about President Biden’s new vaccine requirements for federal workers and many private employers. Given the effectiveness of coronavirus vaccines, it’s understandable that mandating their use is a logical next step in fighting the coronavirus pandemic. But given the difficulty many employers face in getting their employees vaccinated, it’s …
The coronavirus has been around for a while and it seems like it’ll be around for a little while longer. Luckily, we have some effective vaccines. This means more people can survive a coronavirus infection and reduce the risk of it spreading. But the more people that survive the coronavirus, the more likely we’ll have …
ADA Protections and Long-Haul COVID: What You Should Know Read More »
If you are suffering from a disability and genuinely need to minimize stress to treat it or to cope with it, you may be able to ask your employer for a change to lower your work stress. Whether you would be legally entitled to this accommodation depends on a number of things. All jobs …
Can I Ask My Employer to Lower My Work Stress to Accommodate My Disability? Read More »
The National Institute of Mental Health estimates that about 20% of the population will experience a psychiatric disability during their lifetime. Given how common mental health issues are, the workplace is a common area where the needs of employees with psychiatric conditions may clash with the way management wants and needs to run an operation. …
Whether you can be fired for behavior that was caused by your disability depends on the circumstances. If you act out in a way that’s sufficiently disruptive, or if you threaten yourself or others, your employer could discipline you (up to and including termination), even if a disability is ultimately to blame. Disability discrimination law …
Can I Be Fired for Behavior Caused by My Disability? Read More »
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 …
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 »
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 »
T.J. Simers was a sports reporter and columnist for the Los Angeles Times from 1990 to 2013, when he was constructively discharged. Over the years, he probably wrote about many home runs, but in a Los Angeles courtroom, it was Simers who hit a grand slam. The jury in his age and disability discrimination case …
