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Articles Posted in Disability

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ADA Claims Aren’t About Perfect Decisions — They’re About Proving Discrimination

When employees allege discrimination under the ADA, it’s their burden to prove bias — not the employer’s burden to defend every business decision. A recent Seventh Circuit case reinforces that when employers apply clear policies consistently, even imperfect decisions won’t amount to discrimination. TL;DR: An employee who failed a random…

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The Employer Handbook: Week in Review Podcast (April 21–25, 2025)

Now you can listen to The Employer Handbook—check out this week’s podcast recap! TL;DR: I’ve turned this week’s blog content into a short podcast episode using Google NotebookLM. If you missed a post or want to catch up while multitasking, you can now listen to the highlights on the go.…

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Shoe Me the Reasonable Accommodation!

When a dress code update clashes with an ADA accommodation, the courtroom might be the next stop. TL;DR: A federal court just refused to toss a cocktail server’s disability discrimination lawsuit against a well-known casino and resort. She had a medical condition requiring supportive shoes. The employer approved an accommodation—then…

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It wasn’t the cancer. It wasn’t the age. It was the failed business model.

A senior executive with prostate cancer helped land the company’s biggest contract ever and was promoted with a pay raise. Months later, he was fired. He believed his age and health had something to do with it—and brought claims of discrimination. TL;DR: A senior executive with prostate cancer sued after…

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Retaliation Risks After Accommodation Requests: Lessons from an ADA Case

Denying a reasonable accommodation request can be risky—particularly if the employer provides little explanation or fails to meaningfully engage in the interactive process. But what’s even riskier? Terminating the employee just a few weeks later. Cue the lawsuit. TL;DR: An associate general counsel at a public university alleged she was fired…

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Burned by the ADA: When Legal Weed Gets You Fired

Turns out a medical marijuana card can’t cure everything—especially if what you’ve got is a bad case of ADA expectations. Here’s a lesson in what happens when federal law refuses to roll with the times. TL;DR: A Pennsylvania federal court just held that legally using medical marijuana under state law…

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From Drug Test to Lawsuit: A Medical Marijuana Case Every Employer Should Know

If The Dude from The Big Lebowski applied for a job today—with a medical marijuana card in hand and nothing but good vibes—what legal rights would he actually have? A recent federal court decision from Pennsylvania offers a reality check for employers navigating job offers, drug tests, and lawful cannabis…

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Why Your Employee’s ADA Claim Might Succeed—Even If They Don’t Require Help

A recent Second Circuit decision underscores a critical point under the Americans with Disabilities Act (ADA) that employers often overlook: an employee who can perform the essential functions of their job without an accommodation may still have a viable failure-to-accommodate claim. The case involved a teacher with PTSD who sued…