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Articles Posted in Disability

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Return to Office Doesn’t Mean Return to “No”: What Private Employers Can Learn from the EEOC’s Telework Guidance

  Remote work policies are tightening. But the Americans with Disabilities Act did not disappear when companies decided the office feels collaborative again. Last week, the U.S. Equal Employment Opportunity Commission issued federal-sector guidance on telework accommodations for employees with disabilities. Although written for federal agencies under the Rehabilitation Act,…

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Helping Injured Men but Not Women: Sex Bias, Disability Discrimination, or Neither?

When employees say, “You helped him when he was injured but refused to help me,” it sounds like discrimination. It also sounds like a failure-to-accommodate dispute. A recent Ninth Circuit decision shows why that framing matters, and why getting it wrong can sink the case before it ever reaches a…

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How a Drug Test Exposed an ADA Compliance Gap

  Hiring can feel like a checklist: background check, drug test, start date. But when an applicant raises a disability-related issue, those boxes stop being routine, and the Americans with Disabilities Act (ADA) starts asking questions. TL;DR: An applicant disclosed prescription medications that could affect a required drug test and…

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When Employers Decide Accommodation Is Impossible and Everything After That Gets Risky

Deciding too early that accommodation is impossible can shape everything that follows. This case shows why courts often let juries sort it out. In a recent ADA decision from the Northern District of Illinois, an employer decided an injured employee could not return as a bus operator under her medical…

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Remote Work as an Accommodation Still Comes With Performance Expectations

  When an employee’s health takes a turn, the instinct is to be flexible. The legal risk is assuming flexibility means you cannot enforce expectations. TL;DR: The Eleventh Circuit affirmed summary judgment for a county employer that ended a probationary employee’s employment after documenting performance problems, even though the employee…

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Temporary Light Duty Isn’t a Permanent Job (Even If It Works for a While)

Employers often worry that a good-faith effort to keep an injured employee working will later be used against them as proof they “could have accommodated” the employee indefinitely. A recent Sixth Circuit decision draws a clear line between temporary flexibility and permanent obligation. TL;DR: The Sixth Circuit affirmed summary judgment…

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When a Blanket Medical Policy Becomes a $25 Million ADA Problem

Safety policies should protect workplaces, not produce eight-figure ADA exposure. This case shows how a rigid medical rule, applied without individualized assessment, can turn a routine injury into a litigation disaster. TL;DR: A jury found that an employer violated the Americans with Disabilities Act and Oregon disability law by enforcing…