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Disabilities

$1.2 Million Judgment in Disability Case

October 16, 2009
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Employers must always engage in an interactive process with employees seeking job accommodations. Employers should not assume that an employee is no longer able to perform the essential functions of her job with or without an accommodation, without speaking with the employee and receiving a doctor's documentation of the impairment.
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Judge Rules Against Unum in Long-Term Disability Case

August 24, 2009
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A federal judge has found in favor of a plaintiff suing Unum Group over the Chattanooga, Tennessee-based insurer’s denial of long-term disability benefits.
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Can the ADA Pave His Way to the NBA

July 22, 2009
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Commentary: How can a 59-year-old lawyer hope to make it to the NBA? Attorney Alan Rupe has it all mapped out—thanks to some recent cases involving accommodations for disabled workers.
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No Claim for Failure to Accommodate

June 26, 2009
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Employers are advised to engage in an interactive process with employees seeking job accommodation. The Americans with Disabilities Act does not require employers to accommodate employees by assigning other workers to take over the duties of a disabled employee.
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Failure to Accommodate Pregnancy

June 19, 2009
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Employers are advised to consider state law obligations to accommodate disabled employees due to pregnancy. If the employer has an alternative or interim work program for injured or disabled employees, state law may require the employer look into whether an open position exists for the pregnant employee under that program.
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Driving as a 'Major Life Activity' Rejected

June 2, 2009
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Impact: Employers are advised to engage in an interactive process with employees seeking job accommodation. Although the inability to drive is not a major life activity, it could create a disability if it caused an impairment of a major life activity like 'caring for oneself, performing manual tasks, walking, seeing, hearing, learning and working.'
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Dismissal for Not Calling In Doesn’t Violate FMLA

April 2, 2009
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Employers should be cautious when considering applying leave-of-absence procedures and policies to employees approved for FMLA leave.
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Wyoming Passes Disability Cost-of-Living Increase

March 5, 2009
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Both chambers of Wyoming’s Legislature on Monday, March 2, approved a bill that would provide annual cost-of-living increases for workers’ compensation permanent-disability cases.
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Don't Cut Legal Compliance Training

February 5, 2009
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Commentary: A recession is exactly the wrong time to cut the budgets for training in support of legal compliance issues. In addition to preventing management mistakes that may give rise to legal claims after a negative job action, training can provide an important affirmative defense. Should a company be taken to court, every training dollar spent can be cited as proof of a good-faith effort to comply with worker protections.
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