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Does a 100% Healed Policy Violate the ADA? What to Require of Employees Returning From Leave

Earlier this month, the U.S. District Court for the Northern District of Illinois denied a motion to dismiss a claim filed by the Equal Employment Opportunity Commission (EEOC) on behalf of a class of individuals challenging...more

Disabled Employee Unable to Perform Essential Functions of Job Despite Accommodation

In an unpublished opinion, the Sixth Circuit Court of Appeals recently held that an employee who was unable to complete the functions of her job while on part-time duty could not subsequently claim that ongoing part-time work...more

Job Description Not Detailed Enough to Prove Night Shift Is Essential Function of Job

A federal district court has recently ruled that a night-shift emergency dispatcher with diabetes and hypertension, whose doctor stated that his health would be improved by working day shifts, could proceed on his claim that...more

Does Partial Deafness Constitute a Disability Under the ADAAA? The Question Remains Unanswered

A federal court in Pennsylvania recently dismissed a lawsuit filed by a female newspaper page designer who claimed that she was laid off because of her gender and her deafness in one ear. Mengel v. Reading Eagle Company, No....more

Permanent “Light-Duty” Position Not Reasonable Accommodation for Disabled Employee Under the ADA

In an unpublished opinion, the Sixth Circuit Court of Appeals recently upheld the dismissal of a case in favor of an employer who refused to convert a temporary light-duty position into a permanent job for a disabled...more

Employer’s Reliance on Third Party Assessment to Determine Reasonable Accommodation May Lead to ADA Liability

The Sixth Circuit Court of Appeals recently addressed an issue of first impression, holding that the ability to hear is not necessarily an “essential function” of the job of lifeguard. Keith v. County of Oakland, No. 11-2276...more

Employee’s Request to Move from Rotating Shift to Straight Shift not a “Reasonable Accommodation” under the ADA

The 8th U.S. Circuit Court of Appeals recently addressed an issue of concern frequently raised by employers: whether allowing an employee to move from rotating shifts to straight daytime work is a required “reasonable...more

An Indefinite Exemption From The Essential Functions Of A Job Is Not A Reasonable Accommodation Under The ADA

An issue that confounds employers on a regular basis is whether the discharge of an employee who is unable to return to work after a medical leave will violate the American with Disabilities Act (ADA). Most employers...more

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