Articles Posted in Disability

 

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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, that statute incorporates ADA standards. So if you are a private employer navigating return-to-office mandates, this guidance is directly relevant. Continue reading

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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 jury. Continue reading

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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 restrictions. After that decision, the employer relied on its absence-without-leave policy to terminate her. The court refused to end the case at summary judgment. Continue reading

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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. Continue reading

 

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Employees do not need perfect words or legal buzz phrases to trigger ADA protections. But they do need to communicate clearly enough to let an employer know they are asking for a change at work because of a medical condition.

A recent federal court decision out of Ohio shows what happens when that step never happens. Continue reading

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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 a blanket medical policy that unlawfully screened out an employee instead of evaluating his actual abilities. The jury issued an advisory award that included $25 million in punitive damages, and the court declined to disturb the verdict.

📄 Read the court’s decision

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