Employers, Do You Need To Accommodate An Employee’s Use of Medical Marijuana?

By:  Amy Epstein Gluck

Maybe. But maybe the question is not whether you need to but whether you should, given the way the judicial winds have been blowing.

We have long been blogging about the Americans with Disabilities Act’s (“ADA”) requirements that employers (with more than 15 employees) must provide a reasonable accommodation to a qualified employee with a […]

Reminder—Destigmatization of Mental Illness In The Workplace

By:  Amy Epstein Gluck

There is a lot of talk these days about diversity and inclusion. And about accommodating those with disabilities. Remember: providing accommodations applies to employees with mental impairments too.

Recently, the US Equal Employment Opportunity Commission (EEOC), the federal agency that enforces the anti-discrimination laws, has reminded employers about the significance of building a […]

The ADA’s Interactive Process—Not “One and Done”

By:  Amy Epstein Gluck

“I provided medical leave for Joe Schmoe . Aren’t I done? Haven’t I complied with the law?”

Sometimes yes, and sometimes no.

Yesterday, the Equal Employment Opportunity Commission (EEOC), the federal agency that enforces the federal anti-discrimination laws, announced a large (i.e., six figures) monetary settlement against an employer—a large medical center […]

Truckers Sue Under The ADA

I don’t know why, but it seems that employment discrimination lawsuits involving trucking companies are becoming a staple over at the EEOC.  As I collect disability cases filed by the EEOC against medical and healthcare folks (“easy pickins’ for thhe EEOC”), it seems that I am encountering a growing number of such cases involving truck […]

Firing Of Pharmacist With Trypanophobia Upheld: He Could Not Perform Essential Job Function

An interesting new case involving a pharmacist with trypanophobia is in the news today.

Seems that the federal appeals court in NYC was faced with an appeal by a major pharmacy chain from a whopping verdict of almost $2 million in favor of a pharmacist who had worked for it and its predecessors for 34 years – […]

May The Force Be With Her—Carrie Fisher aka Princess Leia Spoke Out About Mental Illness In and Out of Her Workplace

By:  Amy Epstein Gluck

Carrie Fisher is an iconic hero. Not only did she portray a princess and one of the greatest leaders of the Rebel Alliance, eventual savior of the universe and all of its many galaxies, but Fisher is also well known for speaking up about a matter that most employees tend to hide […]

Autism—an Eye-Opener for Your Company, Not a Nonstarter

By:  Amy Epstein Gluck

Imagine how hard it is to land that awesome, lucrative job when you cannot make eye contact.

Or read body language…at all.

Or take social cues. Or make small talk. Or even appear to be unaware when people talk to you or ask you questions. Or inject completely irrelevant details into an interview.

Or repeat […]

Doctors Fire Doctor Taking Legally Prescribed Meds And Get Sued

By Richard Cohen

Maybe my recent post about firing (or not hiring) employees who are taking legally prescribed medications was not read by two Atlanta physicians groups, because if they did they would have known that (1) terminating a physician “because of an actual disability and because he was perceived to be disabled due to his use […]

Chalk up one more basket of low hanging fruit for the EEOC

 By Richard Cohen, FisherBroyles Partner

A physician-owned hospital in Arkansas was sued by the EEOC for refusing to accommodate a nurse who had a seizure.  She asked “to move to another position that did not involve direct patient care, or, in the alternative, a leave of absence until she could resume her nursing duties.”

The hospital’s reply?  “You’re […]