Posts tagged Reasonable Accommodation.

How much can you do - and not do - about your employees' personal appearance and grooming? Take this quiz and find out! As usual, I'll have the answers at the end, so if you get one wrong, no one but you will know.

Ugly Fake Glasses.flickrCC.LoganIngalls
"Don't hate me because I'm ugly."

QUESTION 1: If I operate in a jurisdiction that doesn't have a law against appearance discrimination, I can make any rules about appearance and grooming that I want. 

TRUE

FALSE

QUESTION 2: My employees are required by OSHA to wear masks on the job. The masks are no good unless there is a proper seal around the employee's mouth and nose. Since facial hair prevents a good seal from forming, we have a no-beard policy. I have one employee who is Sikh and wears a beard for religious reasons. What should I do?

A. Let him keep his beard and pray that the mask will work without the proper seal.

B. Tell him he has to shave the beard off or lose his job.

C. Meet with him and explain that the mask is required by OSHA and the safety rationale for the rule. Talk with him about reasonable accommodations, which might include use of a different type of mask that works with a beard, or transfer to another position that doesn't require use of a mask. After you've talked and perhaps consulted with vendors or safety experts, make a determination of what to do that won't violate the law or endanger his safety while accommodating his beliefs as much as you can.

Karla Miller of the "WorkAdvice" column in the Washington Post had a doozy last week.

Mr. Peanut 2.flickrCC.ChristineMajul
I cannot tell a lie. I love Mr. Peanut and everything he represents.

I'm going to assume that all the people involved in this story are female. I'm probably wrong, but that will allow me to make up fake names for them.

PEANUT BUTTER PASSION

The letter writer (let's call her Zoey), had a peanut allergy ...

I spent some time yesterday at the new Small Business Resource Center, which went live this week on the website of the Equal Employment Opportunity Commission. I think it's great.

Screen Shot 2016-09-28 at 11.41.33 AM

Small businesses, which may be just below or at the cusp of coverage by federal anti-discrimination laws, are often confused about (1) whether they are covered, and (2) if so, what they need to do.

The EEOC ...

No more pencils, no more books, no more teacher's dirty looks . . . except for one little quiz on employment law issues that come up during the summer.

NOTE FROM ROBIN: Welcome to our Los Angeles-Century City Office, and to Steve Katz, who will be posting from time to time about the most peculiar of California’s employment laws.Steve Katz

California's wage orders, which regulate working conditions for most industries and occupations, require that "[a]ll working employees shall be provided with suitable seats when the nature of the ...

If your employee isn't a professional driver but spends a lot of time on the road, how "essential" a job function is driving for ADA purposes? Is driving "essential" at all?

Man Driving.flickrCC.MatthewWJackson
"Seriously? I spend 40 hours a week in my car, and you say driving may not be 'essential' to my job?"

In what I consider to be a very significant result under the Americans with Disabilities Act, a three-judge panel ...

Who's been naughty and who's been nice in labor and employment law? Here are my picks for 2015. Feel free to add your own in the comments.

NAUGHTY!

MeanSanta.flickrCC.RichardElzey
Santa is not impressed.

The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic and almost impossible for ...

Tommy Trojan.flickrCC.RichardHa
Trojan man!

Readers have been clamoring for my take on the alcoholism-discrimination lawsuit filed by Steve Sarkisian against the University of Southern California.

Actually, I got one email from a reader, who had a better take on the whole situation than I do.

But who cares! I still think it's a great topic, and a case worth following!

Here's the deal, as I understand it:

Mr ...

Gee, Ma, this is swell!

LeaveItToBeaver.flickrCC.Mike
"Swell!" "Swell!" "Swell!" "Neat-o!"

The Equal Employment Opportunity Commission came out this week with some guidance about the rights of individuals with AIDS and HIV. The guidance is unremarkable for anyone who is familiar with the Americans with Disabilities Act, although it never hurts to get a refresher, and in any event it's aimed at employees, not ...

Last week I heard David Lopez, General Counsel of the Equal Employment Opportunity Commission, speak about EEOC litigation developments at the annual North Carolina/South Carolina Labor and Employment Law conference.David Lopez.EEOC photo

The EEOC has been litigating like a house afire, so I knew you would want to hear what he had to say. Mr. Lopez - who reads this blog and likes it! - gave me permission to ...

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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