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Disability Discrimination Poor Job Performance

Genova Burns LLC

Is That Even Discrimination? New Jersey District Court Reiterates That Disabled Employees are not Immune to the Effects of...

Genova Burns LLC on

On April 13, 2020, the District Court for the District of New Jersey granted the employer’s Motion for Summary Judgment and dismissed an employee’s claim of disability discrimination in the matter of Rooney v. NVR Inc. In...more

Parker Poe Adams & Bernstein LLP

A New Road Map for Disciplining Employees for Reasons Unrelated to Their Disability

Some of the most frequent questions we receive from employers involve managing the performance of employees with medical issues. While employers understand their nondiscrimination obligations under the Americans with...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

ADA Litigation Lessons Surfaced From a Zamboni Machine

Employers, you see this movie all too often. You tolerate, and then ultimately discharge, a poor-performing employee who displays a bad attitude. Unfortunately, supervisors have not documented the employee’s prior instances...more

Fisher Phillips

Red Flag: When An Employee Raises ADA Issues During Disciplinary Meetings

Fisher Phillips on

The need to consider Americans with Disabilities Act (ADA) accommodations can happen at any time during the employment relationship. Generally, an employee will ask for an accommodation before problems with performance...more

Bradley Arant Boult Cummings LLP

When to Say When? Fifth Circuit Rules on When an Accommodation Isn’t Working

In a published opinion, the Fifth Circuit has held that an employee’s poor performance in a light-duty position can relieve the employer from any further obligation to find a reasonable accommodation under the Americans with...more

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