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ADA

Fourth Circuit Reaffirms That Regular, Reliable Attendance Is Essential Function Of Most Jobs

The Fourth Circuit Court, located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts: District of Maryland, Eastern District of North Carolina, Middle District of North Carolina, Western District of North Carolina, District of South Carolina, Eastern District of Virginia, Western District of Virginia, Northern District of West Virginia, and…

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The Americans with Disabilities Act Prohibits Hostile Work Environments, Second Circuit Rules

On March 6, 2019, the U.S. Court of Appeals for the Second Circuit, whose territory comprises the states of Connecticut, New York, and Vermont, and appellate jurisdiction over the district courts in the District of Connecticut, Eastern District of New York, Northern District of New York, Southern District of New York, Western District of New York, and the District of Vermont, decided…

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ADA’s Interactive Process Is a Two-Way Street

An employer that grants schedule adjustments that aren’t required under the Americans with Disabilities Act (ADA) may later stop allowing such changes when the employee declines to help the employer identify a reasonable accommodation, a recent 5th U.S. Circuit Court of Appeals decision shows. Time Warner Cable Texas LLC hired the plaintiff in October 2012…

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Security Guard Unable to Walk Patrol Seeks Accommodation

A security guard’s claim of failure to accommodate under the Americans with Disabilities Act (ADA) could proceed to trial despite his physical inability to perform walking patrol rounds, a federal district court decided. The plaintiff was employed by Covenant Security Services as a security officer at the facility of its customer, Kimberly-Clark. The plaintiff testified…

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May an Employer Terminate a Disabled Employee for Excessive Absenteeism?

The United States Court of Appeals for the First Circuit recently upheld a trial court decision in favor of JetBlue concerning the termination of a disabled employee due to her excessive absenteeism. Miceli v. JetBlue Airways Corp., No. 18-1345 (January 28, 2019). Many employers are apprehensive about terminating the employment of disabled employees, even when…

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Employer Satisfied ADA by Granting Requested Accommodation

A Texas school district met its obligation to engage in the interactive process under the Americans with Disabilities Act (ADA) by granting an employee’s only requested accommodation, according to a federal district court. The Sweeny Independent School District employed the plaintiff as special programs coordinator from 2001 until August 2016. The plaintiff requested and took…

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Can You Be Held Personally Liable In An Employment Lawsuit? The Answer Lies Down A Rabbit Hole

In “Alice in Wonderland,” the Queen of Hearts once proclaimed, “Why, sometimes I’ve believed as many as six impossible things before breakfast.” This appears to be the rallying cry of many plaintiffs across the country when they file administrative charges and lawsuits. They continue to name individual supervisors and human resources directors as individual defendants…

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Taking Advantage of Your Summer Break – Revisit, Refresh, and Review

Handbooks. The mere mention of the company handbook typically sends HR professionals into a furious search for any project other than the company handbook. Sorry, I can’t work on the company handbook, I have to watch the paint dry in my office. For this reason, beyond passing them off during perfunctory onboarding, handbooks typically get…

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