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Americans with Disabilities Act (ADA) › Failure to Accommodate › Undue Hardship

Littler

Second Circuit: ADA Can Require Accommodation Even When Employee Could Perform Job Without It

Littler on

The Americans with Disabilities Act (ADA) may require an employer to accommodate a disability even when an employee could perform the job without it. That is the upshot of the recent decision by the U.S. Court of Appeals for...more

Constangy, Brooks, Smith & Prophete, LLP

Accommodation may be required even if “essential functions” can be performed without

Constangy, Brooks, Smith & Prophete, LLP on

Interesting decision this week from a three-judge panel of the U.S. Court of Appeals for the Second Circuit. A high school math teacher (we’ll call her “Ms. Plantagenet”) had post-traumatic stress disorder. Years earlier, her...more

Parker Poe Adams & Bernstein LLP

Supreme Court Declines Review of Seventh Circuit ADA Leave Decision

Parker Poe Adams & Bernstein LLP on

Last year, we reported a Seventh Circuit Court of Appeals decision establishing a rule that leave of more than a few weeks in duration falls outside employers’ reasonable accommodation obligations under the Americans with...more

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