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Must an Employer Offer a Reasonable Accommodation if a Federal Safety Regulation Prohibits Such Accommodation?

In a decision of interest to New York State employers subject to federal safety regulations, the Second Circuit Court of Appeals recently answered that question in the negative. In Bey v. City of New York1, the Court...more

A Higher Hurdle Imposed for ADA Plaintiffs in the Second Circuit

It just became a bit more difficult for plaintiffs within the jurisdiction of the Second Circuit Court of Appeals (which includes New York) to succeed on disability discrimination claims brought against their employers under...more

Bypass ADA Interactive Accommodation Process At Your Peril

Discrimination claims are expensive to defend. If they reach a jury, the results are often unpredictable. That’s one reason employers need to do everything within their power to preserve the option to file a motion for...more

Court of Appeals Holds That Employer’s Failure to Engage in Interactive Process Regarding Employee’s Accommodation Request...

Discrimination claims are expensive to defend and if they reach a jury, the results are often unpredictable. The summary judgment motion, when utilized properly, is an effective risk and cost containment tool available to...more

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