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Articles Posted in Disability

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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…

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Why a Positive Marijuana Test Didn’t End an ADA Retaliation Case

In an ADA retaliation case, a positive marijuana test looked like a clean exit. It wasn’t. What tripped up the employer wasn’t the test result itself, but how the termination decision unfolded around it – including uneven discipline, disputed facts, and timing tied to disability-related absences. TL;DR: A federal court…

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Why Asking for an Accommodation Isn’t the Same as Being Disabled

  Failure-to-accommodate claims usually turn on what an employer didn’t do. Here, the more interesting question was whether there was any ADA duty to begin with. TL;DR: A request for an accommodation does not, by itself, establish that an employee is disabled under the Americans with Disabilities Act (ADA). Employers…

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When an Applicant’s Medication Meets a “No Exceptions” Rule: What the EEOC Says Employers Can’t Do

    A single disclosure from a job applicant about her methadone prescription allegedly turned a routine interview into an ADA problem the EEOC now wants a court to resolve. TL;DR: The EEOC has sued concrete-industry employers, alleging they refused to hire applicants who lawfully use methadone or other medication-assisted…

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When the supervisor mouths off but the documentation saves the day

  Supervisors sometimes say things they should never say. When that happens, employers usually brace for impact. But this case shows how strong documentation and independent decision-making can prevent one person’s bad behavior from controlling the outcome. TL;DR: A supervisor mocked an employee’s VA disability rating, and the employee reported…

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🏠 Employee Refused to Return to the Office Over “Mold.” The Court’s Response? Breathe Deep and Report Back to Work.

A Detroit nonprofit employee said the air in her office made her sick after a flood. She claimed the Americans with Disabilities Act (ADA) let her work from home instead. Her doctor agreed she should avoid mold but never said she couldn’t come in. After a short remote stint, she…

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How an Employer Won an ADA Case by Offering a Different Job Instead of More Leave

  A recent Eleventh Circuit decision highlights that offering reassignment instead of extending medical leave can be a reasonable accommodation under the ADA when the reassignment fits the employee’s restrictions and the circumstances. The court said the employer acted lawfully by offering another available position rather than more leave, which…