July 30, 2012 by Fred Hosier
An applicant was told he wasn’t qualified for a safety-sensitive job because of the “significant health and safety risks associated with [his] extreme obesity.” Now the applicant says the employer discriminated against him because of a disability — obesity.
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Tags: disability accommodation, disability discrimination, extreme obesity, safety sensitive job
August 22, 2011 by Fred Hosier
The Equal Employment Opportunity Commission (EEOC) appears to be sending a message to employers: You can’t automatically refuse to hire applicants who test positive for methadone, a medication prescribed in drug treatment programs for recovering opiate addicts.
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Tags: ADA, EEOC, methadone, recovering addict, safety sensitive job
May 24, 2011 by Fred Hosier
An applicant failed his pre-employment drug test and wasn’t hired. Years later, following successful drug treatment, he applied again, only to be told he wouldn’t be hired because of a one-strike rule.
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Tags: ADA, discriminate, drug test, drug treatment, one-strike
September 27, 2010 by Fred Hosier
A deaf man applied to a mining company for a job. It didn’t hire him, and the man filed a lawsuit under the Americans with Disabilities Act (ADA). Who won?
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Tags: ADA, EEOC, mine, near-miss, reasonable accommodation
June 28, 2010 by Fred Hosier
A company decided to take back a conditional offer of employment after it found the applicant was a recovering drug addict. A lawsuit followed.
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Tags: conditional offer of employment, drug test, drug treatment, methadone, safety threat
April 9, 2010 by Fred Hosier
A police dispatcher in the Chicago area told her supervisor that she had narcolepsy which causes people to fall asleep unexpectedly. However, medication was keeping the condition under control.
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Tags: fall asleep, narcolepsy, police dispatcher
April 1, 2010 by Fred Hosier
An employee who said a co-worker’s perfume made her throat “close a little” will receive $100,000 from her employer in a settlement. The company will also have to enact a new policy on personal scents.
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Tags: Americans with Disabilities Act, Crystal deodorant, perfume allergy, scents
September 21, 2009 by Fred Hosier
A diabetic employee can’t control his hypoglycemic episodes. In recent episodes, he’s become disoriented around dangerous equipment and threatened violence against co-workers. Can you fire him for safety reasons, or is he protected under disability law?
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Tags: diabetic, disability, violent worker
September 18, 2009 by Fred Hosier
A diabetic employee can’t control his hypoglycemic episodes. In recent episodes, he’s become disoriented around dangerous equipment and threatened violence against co-workers. Can you fire him for safety reasons, or is he protected under disability law?
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Tags: Americans with Disabilities Act, diabetes, disability, fire worker for safety reasons, hypoglycemic episode
July 21, 2009 by Fred Hosier
While a judge on the U.S. 2nd Circuit Court of Appeals, Supreme Court nominee Sonia Sotomayor disagreed with two fellow judges who ruled an employer could set safety standards higher than what the government required.
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Tags: EEOC v. J.B. Hunt, prescription medication and driving, Sonia Sotomayor
