Articles Posted in Disability

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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 returned to full-time, in-person work. A year later, she turned down a contractor role and sued. The Sixth Circuit said the employer handled it exactly right. Continue reading

 

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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 the employee declined. Continue reading

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Employers often worry that if they don’t run a picture-perfect investigation, a court will second-guess their decision. The Sixth Circuit just reminded everyone that the law doesn’t demand perfection; it demands reasonableness. And one employer’s measured, fact-based approach was enough to win. Continue reading

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Missing narcotics. A dazed nurse. Co-workers whispering. A trip to the ER. It sounds like the plot of a medical drama, but it was the real backdrop for a recent Seventh Circuit employment case. The outcome offers lessons for every employer, not just hospitals. Continue reading

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When an employer believes an employee may have mental health concerns, requiring counseling as a condition of continued employment can create serious legal risk. And after a 2024 Supreme Court decision lowered the legal bar for what counts as an “adverse action,” that choice could be a fast track to the courtroom. Continue reading

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When it comes to workplace retaliation, the difference between winning and losing can hinge on whether you are in state court or federal court. A recent New Jersey appellate decision reinforces that state anti-discrimination laws may not just mirror federal law – in some ways, they can give employees broader protection. Continue reading

“Doing What’s Right – Not Just What’s Legal”
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