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After Tuesday, we have a newly elected Republican president, a Senate soon under Republican control, and a House of Representatives that could still hold a Republican majority. With those changes could come some corresponding shifts in employment law. Continue reading

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The Americans with Disabilities Act prohibits discrimination against “qualified individuals with disabilities.” A qualified individual can perform the essential functions of their job with or without accommodation. While not the be-all-and-end-all, an employer’s business judgment about what job functions are essential carries substantial weight under the ADA. Still, courts often consider whether a particular job function is essential on a case-by-case basis.

Last night, I read a federal court opinion highlighting three ways employers and their managers can create uncertainty about which job functions are essential. Continue reading

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