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Disabilities

6th Circuit Recognizes Telecommuting as an ADA Reasonable Accommodation

April 23, 2014
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While telecommuting as a reasonable accommodation remains the exception, the line that separates exception from rule is shifting as technology makes work-at-home arrangements more feasible.
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When an Employee Can’t Return to Work After an FMLA Leave

April 22, 2014
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Just because an employee cannot return to work at the end of FMLA leave does not mean you can always terminate the employee. ADA obligations still exist.
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Has Workplace Drug Testing Gone to Pot With Legalized Marijuana?

April 9, 2014
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Until the courts sort these issues out, prudent employers should tread carefully and consult with their employment counsel before disciplining or firing any employees who are using legally prescribed marijuana away from work.
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It's Still Illegal Not to Hire Someone Because They Have HIV

March 24, 2014
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The Americans with Disabilities Act protects HIV as a disability.
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Legal Briefing: Cancer and Accommodations

March 12, 2014
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Once an employer has knowledge of an employee’s disability, it must engage in an interactive process with the employee to determine if a reasonable accommodation exists.
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Following Doctor’s Orders Helps Employer Win ADA Case

March 5, 2014
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If you legitimately cannot make an accommodation that meets the employee’s limitations, then the employee is not “qualified” under the ADA, and therefore unprotected by that law.
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Is Obesity the Same as a Green Mohawk?

February 24, 2014
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Don't take appearance into account when making employment decisions. Hiring and firing should be image-blind, performance-only decisions.
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Legal Briefing: Comment Key to Discrimination Case

February 11, 2014
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Employers must ensure managers are sensitized about the issues of responding to questions about decisions by employees to avoid the appearance of improper motive.
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The Expanded Definition of Disability

February 9, 2014
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The EEOC’s move to broaden the number of people who may be entitled to ADA protections could increase an employer’s risk of a lawsuit.
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Avoiding the ‘Bermuda Triangle’ of Employment Law

February 4, 2014
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The so-called “Bermuda Triangle” of employment law is: workers’ compensation, the Family and Medical Leave Act, and the Americans with Disabilities Act.
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