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Disabilities

What Isn't a Reasonable Accommodation?

January 9, 2013
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Just because a disabled employee asks for an accommodation does not mean that you have to grant the request.
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The 12 Days of Employment Law Christmas

December 20, 2012
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Since the holidays are almost upon us, and the news is a little slow, I thought I'd have a little fun. So I wrote a song.
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Dillard's to Pay $2 Million to Settle Class Action Disability Bias Lawsuit

December 19, 2012
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The settlement resolves a 2008 lawsuit filed against the Little Rock, Arkansas-based retailer for allegedly using a longstanding national policy and practice of requiring all employees to disclose personal and confidential medical information to obtain sick leave, the EEOC said in a statement Dec. 18.
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Court Reverses Ruling, Says UPS Worker Entitled to Trial on ADA Claim

December 17, 2012
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The complex case of Teresa Watts v. United Parcel Service Inc. has gone to trial three times and been appealed to the 6th U.S. Circuit Court of Appeals in Cincinnati once before, according to the 6th Circuit's latest ruling.
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When Is Confidential Medical Information Not Confidential?

November 26, 2012
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While this case is a great holding for employers, businesses should still tread carefully when dealing with employee medical information. This area of the law remains risky waters in which companies swim.
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Worker's Inability to Speak English Appropriately Considered in Disability Ruling: Court

November 21, 2012
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The case of Merivic Inc. and Zurich North America v. Enrique Gutierrez involved a workers' comp claimant who had a ninth-grade education and a 'limited working knowledge' of English despite having lived in the United States for 34 years, according to the opinion.
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If You Put Up With Bullies in Your Workplace, Stop (Before Someone Else Makes You)

November 19, 2012
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The reality is that if your company does not take this issue seriously, state legislators will and you won't like the results.
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Must an Employer Accommodate an Employee for a Family Member's Disability?

November 13, 2012
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I cannot overstate enough how fine a line it is between lawfully terminating an employee because of the need to take time off to care for an ill relative and unlawfully terminating an employee because of a relative's disability.
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Silence Can Be Golden When Dealing With Employee Medical Issues

November 6, 2012
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One inopportune slip of the tongue about an employee's medical condition (or perceived medical condition) could convert a defensible disability discrimination claim into a knock-down, drag-out fight culminating in a risky jury trial.
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Ministerial Exception Applied to Music Director with No Religious Training

October 29, 2012
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According to the ruling, Philip Cannata, who became music director at St. John Neumann Catholic Church in Austin, Texas, in 1998, had no liturgical responsibilities because he “lacked the requisite education, training and experience.”
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