Articles and Blogs

Disability

Seventh Circuit: Obesity Alone Is Not Protected Under the ADA

[07/09/19]

Posted on July 9, 2019 in HR Insights for Health Care

Published by: Hall Render

On June 12, 2019, the United States Court of Appeals for the Seventh Circuit joined the Second, Sixth and Eighth Circuits in determining that without evidence of an underlying physiological disorder, a plaintiff’s weight does not qualify as a disability under the Americans with Disabilities Act (“ADA”). In the Seventh Circuit case Richardson v. Chicago... READ MORE

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A Marijuana Wake-Up Call on Accommodating Employees with Disabilities

[04/15/19]

Posted on April 15, 2019 in HR Insights for Health Care

Published by: Hall Render

New Jersey’s Law Mirrors Michigan’s and That of Other States Must employers accommodate off-duty use of marijuana? A recent appellate decision in New Jersey serves as a warning to Michigan employers about that question and even raises the specter of having to accommodate positive drug tests for non-disabled employees and applicants. For health care... READ MORE

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OFCCP Posts New Sample AAPs for Veterans and Individuals with Disabilities

[05/28/15]

Posted on May 28, 2015 in HR Insights for Health Care

Written by: Jonathan C. Bumgarner

OFCCP has posted new sample AAPs for protected veterans and individuals with disabilities in follow up to the substantially revised VEVRAA and Section 503 regulations that went into effect last year.  The samples show how covered federal contractors might satisfy their new regulatory requirements in their initial (aka “transition”) AAP year.  According to the... READ MORE

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Jury Awards $2.6 Million to Pharmacist with “Needle Phobia”

[01/28/15]

Posted on January 28, 2015 in HR Insights for Health Care

Written by: Stephen W. Lyman

Have you ever heard of trypanophobia? If not, it means a fear of needles, which, in this case, resulted in a jury verdict of $2.6 million to a Rite Aid pharmacist whose fear of needles prevented him from giving flu shot immunizations as a required part of his job. Is “Needle Phobia” an ADA... READ MORE

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OFCCP to Host Free Webinar on Recruitment of Individuals with Disabilities

[06/06/14]

Posted on June 6, 2014 in HR Insights for Health Care

Written by: Jonathan C. Bumgarner

OFCCP will host a free 90-minute webinar on June 12, 2014 concerning best practices for outreach and recruitment of individuals with disabilities, including disabled veterans.  Colet Mitchell and Shaun McGill from the Office of Disability Employment Policy (“ODEP”) will be the presenters.  Registration for the webinar is available here.  READ MORE

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How Do I Decide if a Request for a Leave of Absence Is a Reasonable Accommodation or Undue Hardship?

[03/03/14]

Posted on March 3, 2014 in HR Insights for Health Care

Written by: Jennifer H. Gonzalez

As the EEOC continues to focus on the use of unpaid leave beyond policy limits as a potential reasonable accommodation and employees continue to request leave extensions, I am frequently asked: “How do I know when enough is enough?”  Unfortunately, the determination of an undue hardship is a factual issue, and the only way... READ MORE

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Only Temporary But Still Disabled?

[02/19/14]

Posted on February 19, 2014 in HR Insights for Health Care

Written by: Stephen W. Lyman

Can a Temporary Condition Be Considered a “Disability” Under the ADA?  The answer is yes, it can be, according to a recent case by a federal appeals court.  Ever since Congress amended the ADA in 2008 to be more broad and inclusive in its scope, there has been some confusion about whether or not a... READ MORE

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Is Indefinite Leave a Reasonable Accommodation?

[01/22/14]

Posted on January 22, 2014 in HR Insights for Health Care

Written by: Stephen W. Lyman

“Sicker than a Dog” Under the ADA, an employer is required to “reasonably accommodate” a “qualified individual with a disability.”  In this recent case, the court had occasion to consider whether an open-ended request for leave was “reasonable” when it was made by an employee who claimed to be “sicker than a dog” and... READ MORE

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