Blog: disability

 

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Christmas Disability?

Posted on December 20, 2016 by
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I have written over the year regarding disability discrimination and the notion that an employer can be subject to a discrimination complaint under both state and federal law if the employer “perceives” an individual to be disabled and unable to perform the duties of his/her position.  I often wonder if the public “perceives” Santa Claus […]

Disabling Condition? Protected Conduct?

Posted on August 10, 2015 by
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Two recent court decisions have opened the door for continued scrutiny on whether or not an individual is protected under the Americans With Disabilities Act.  In a Nebraska Federal Court case, the District Court held that an employee was not protected because of her severe obesity but this case is on appeal to the 8th […]

Attention Deficit Disorder – Disability?

Posted on August 20, 2014 by
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I have always been concerned that attention deficit disorder would become a commonplace claim of a disability by employees, especially employees who are subject to disciplinary action. A recent decision from the 9th Circuit Court of Appeals gives employers some hope that attention deficit disorder (ADHD) will not automatically be considered a disability. In this […]