Last week, I attended a training seminar hosted by the EEOC.  Sharon Rennart, a Senior Attorney Advisor at the EEOC, presented in part on how the ADA may apply to employees with Opioid Use Disorder (“OUD”).  OUD may be diagnosed where there is a problematic pattern of use leading to clinically significant impairment or distress, manifested over a 12-month period by the presence of at least two out of eleven elements, including:
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I found a recent case to be a peculiar example of how Title VII is not a “general civility code” in the workplace. In Butto v. CJKant Resource Group, LLC, a male executive was terminated after complaining about being required to arrange female escorts for his married supervisor and perform other activities to facilitate his supervisor’s infidelity. It seems like a reasonable complaint, right? But does that mean it was protected under Title VII?
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When a company relaxes its workplace policies to allow employees to openly display tattoos and use social media at work, does that mean it’s discriminating against older people? That question presumes that only younger people have tattoos and use social media (which is itself discriminatory!). But, in Wyss v. PetSmart, Inc., a 60-year old employee attempted to use her employer’s social media policy and permission to display tattoos and piercings as evidence of age discrimination!
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