Americans with Disabilities Act -- Reasonable Accommodation

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    Title I of the Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities who are qualified for a job. The ADA covers all private employers with 15 or more employees and covers state and local governments, regardless of the number of employees. In 2008, the ADA Amendments Act (ADAAA) was signed into law and...

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    Employers are beginning to understand that workers with sedentary jobs have a difficult time standing or sitting for long periods of time, regardless of whether they have a disability. Indeed, few people can sit or stand for hours on end without genuine discomfort. As a result, many companies schedule employees' breaks around their need to move...
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    An employer made an incorrect assumption about a disabled applicant. When a court disagreed with the assumption, the employer paid the applicant more than $50,000. Lynn, Jackson, Shultz & Lebrun, P.C., the firm of South Dakota Employment Law Letter editor Jane Wipf Pfeifle, was involved in this case. All facts are taken solely from the court's...
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    Most employers know they cannot discriminate against employees because of pregnancy or childbirth. Pregnant employees' right to be free from discrimination arises from the federal Pregnancy Discrimination Act (PDA), which makes pregnancy discrimination a form of gender discrimination under Title VII of the Civil Rights Act of 1964. Other laws,...
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    The U.S. 6th Circuit Court of Appeals (whose decisions apply to all Ohio employers) recently ruled that summary judgment (pretrial dismissal) in favor of an employer was inappropriate because the employer failed to include an essential job function in the employee's written job description. Facts Wayne Henschel was employed by the Clare County...
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    In a recent decision, the U.S. Court of Appeals for the 4th Circuit (whose rulings apply to all Maryland employers) adopted a broad interpretation of what constitutes a disability under the Americans with Disabilities Act (ADA). It was the first time an appellate court interpreted the 2008 amendments to the ADA and the Equal Employment Opportunity...
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    Over the last several months, the Equal Employment Opportunity Commission (EEOC) has filed a significant number of lawsuits alleging disability discrimination under the Americans with Disabilities Act (ADA) against employers across the country. The cases are instructive because they highlight the EEOC's current enforcement policies, identify...
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    The U.S. 6th Circuit Court of Appeals (whose decisions apply to all Michigan employers) recently reaffirmed that employers are required to offer only "reasonable" accommodations to disabled workers. Employers are not required to create new positions, ignore a seniority system, or resurrect a "downsized" position to accommodate a disabled employee...
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    Q Our plant has just started requiring overtime of our hourly production workers. A handful of employees have brought in work restrictions from their doctors indicating that they cannot work more than 40 hours in a week. Do we have to honor these restrictions? A Overtime as an essential job function is an issue that involves the Americans...
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    Although pregnancy is not considered a disability under the Americans with Disabilities Act (ADA), complications and conditions that result from or are exacerbated by pregnancy or childbirth may constitute a disability. Even if a worker is unable to establish a discrimination claim that is related to her pregnancy, she still may prevail against...
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