Articles Posted in Disability

How Do Jury Instructions Affect the Outcome of a Case?
Hardin Law Group

When an employment dispute goes to trial, the outcome can depend in large part on jury instructions. The judge’s instructions can help the jury resolve difficult factual issues and understand key terms in California employment cases. When a judge gives erroneous or misleading jury instructions, a losing party may challenge those instructions on appeal. For…

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Marijuana and the California Workplace
Hardin Law Group

Can employees in California smoke marijuana at their place of work? Or test positive for drug tests? While at least some states (including California) are allowing the use of medicinal marijuana and two more (Colorado and Washington) are allowing recreational marijuana use, federal law does not necessarily agree with its legality. In fact, courts consistently…

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How Should An Employer Respond to An Employee’s Request for Disability Accommodation
Hardin Law Group

How is an Orange County employer supposed to respond to an employee’s disclosure of a disability? Under the Americans With Disabilities Act (“ADA”), your employer has a duty to make a reasonable adjustment for the employee’s disability – an adjustment or modification that allows the employee to do the job. For purposes of the ADA,…

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The EEOC’s Guidance on the ADA and Employers’ Leave of Absence Policies
Hardin Law Group

Many Orange County employers are unclear as to the type and scope of legal protections available to employees with a recognized disability. Under the Americans with Disabilities Act (“ADA”), employees are offered various types of safeguards, including the right to not be discriminated against because of his or her disability, and can seek “reasonable accommodations,”…

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Must an Employee Request a Reasonable Accommodation Under the ADA?
Hardin Law Group

The Americans with Disabilities Act, or ADA, is a federal law that protects individuals from discrimination based on disability in a variety of contexts. Although the ADA offers wide-reaching protection, legal remedies for individuals with disabilities are not necessarily automatic. As a recent federal case illustrates, individuals with disabilities must take certain necessary steps prior…

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Should My Employer Allow Me to Telecommute?
Hardin Law Group

With today’s technology, it seems that employees are able to work practically anywhere and at any time. Indeed, many Fortune 500 companies have adopted this more flexible approach to employment styles, known as telecommuting, often making life quite a bit easier for their employees. Does your California employer offer you the ability to work for…

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