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Disabilities

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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Is Regular Attendance an Essential Job Function? It Depends.

February 3, 2014
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As a court recently pointed out, regular attendance is important in any job. Important, however, does not always equate to essential.
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Are Temporary Impairments ADA-Protected Disabilities? You Bet.

January 28, 2014
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Disability discrimination cases no longer focus on whether an employee is legally disabled, but instead on whether an employer engaged the employee in the interactive process towards a reasonable accommodation.
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It's Probably a Bad Idea to Ask Applicants for a Family Medical History

January 14, 2014
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Medical-related inquiries by employers are complicated and rife with risk. To ensure full compliance with the law, do not include questions about family histories in these examinations.
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Accuracy Counts in Drafting Job Descriptions

December 19, 2013
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Job descriptions not only help establish reasonable expectations for what you expect from your employees in a position, but it also helps set a baseline for what you do, or do not, have to reasonably accommodate.
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