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Channel: interactive process – Sindy Warren – Proactive Employment Practices
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Training must: make sure your managers know they need to talk to employees...

The ADA requires that employers engage in the “interactive process” with employees who seek reasonable accommodations under the law.  Of course, employees are not necessarily entitled to their...

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Who determines the essential functions of a job for purposes of the ADA?

It’s ADA 101 that employers need to provide reasonable accommodations to employees with disabilities to enable them to perform the essential functions of the job.  But who determines the essential...

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Think a temporary disability isn’t covered by the ADA? Think again.

It used to be almost black letter law that a temporary disability (e.g., a broken bone) did not qualify as a disability under the Americans with Disabilities Act (“ADA”).  Thus, if an employee couldn’t...

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Calling an employee a “liability” can create liability

The employer in the recent Sixth Circuit case of Demyanovich v. Cadon Plating and Coatings just learned this, when the court sent the plaintiff’s case to a jury trial.  Pithiness aside, this FMLA/ADA...

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Reasonable accommodation does not necessarily mean the accommodation the...

The recent case of Hamedl v. Verizon Commc’ns, Inc. affirms this principle of the law of reasonable accommodations under the ADA.  Hamedl, an employee who suffered from back pain, asked to work the...

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DOJ gets big settlement in LSAT discrimination case

The Law School Admissions Council (LSAC) administers the LSAT – the prerequisite to aspiring lawyers everywhere to get into law school.  The Department of Justice (DOJ) sued LSAC for violating the ADA...

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Leaves of absence under the ADA: how long is long enough?

The ADA requires employers to provide reasonable accommodations, including leaves of absence, to qualified individuals with disabilities unless doing so would result in an undue hardship.  A question...

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Religion in the workplace: an issue that will continue to confound employers

Back in March the EEOC published a guidance entitled Religious Garb and Grooming in the Workplace, aimed at educating employers on their duty to provide reasonable accommodations to sincerely held...

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If an employee walks out of the “interactive process,” she basically loses...

A recent case makes this seemingly obvious point clear.  It’s good news for employers, who would do well to copy the employer’s actions here.  In EEOC v. Kohl’s Dept Stores, decided just last month, a...

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A reminder on reasonable accommodations: they often require deviations from...

When an employee requests a reasonable accommodation, the employer is obligated to engage in the “interactive process,” which is a dialogue between employer and employee to try to come up with a...

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