Most employers are familiar with the Americans with Disabilities Act (ADA) and its requirement to provide reasonable accommodations to qualified individuals with disabilities. There is less certainty about the extent of this...more
Employees and employers now find themselves well into year two of a global pandemic. Unfortunately, some people who contract COVID-19 do not fully recover. Known as "COVID long-haulers," these individuals suffer from a range...more
A central tenet of the Americans with Disabilities Act is that an employee must be a qualified individual with a disability to receive its protections. A qualified individual with a disability must be able to perform the...more
The Sixth Circuit Court of Appeals recently issued a decision upholding a jury's guilty verdict against a large national retailer. Although a straightforward application of the Americans with Disabilities Act, this case a...more
Working full-time hours is an essential function of a full-time job, right? Not necessarily, said the Sixth Circuit Court of Appeals in a Hostettler v. The College of Wooster. When the job can be done on a reduced schedule,...more
From 1991 until 2011, Larry Alexander worked as a pathologist for Avera St. Luke's Hospital in South Dakota. Under the terms of his contract, Alexander was an independent contractor free from control of Avera. Alexander paid...more