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14 Dec 2016 A U.S. Supreme Court ADA Showdown Is A-Brewin’: Eleventh Circuit Contradicts Seventh Circuit Regarding Non-Competitive Mandatory Reassignments

  This past week, the U.S. Court of Appeals for the Eleventh Circuit (encompassing Florida, Georgia, and Alabama) reignited an old-fashioned statutory interpretation duel. Ok, it’s not as exciting as the Earps vs. the Clantons at the O.K. Corral, but it certainly has more far-reaching ramifications for employers and employees alike.   The issue: whether, when an employee with a disability cannot perform the essential functions of his or her current job, the Americans with Disabilities Act (ADA) requires mandatory reassignment of minimally qualified individuals…

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08 Sep 2016 EEOC Issues Anti-Retaliation Guidance First Guidance in Nearly Two Decades Puts Employers on Notice of EEOC’s Workplace Retaliation View

  On Aug. 29, the U.S. Equal Opportunity Employment Commission (EEOC) issued its much awaited Enforcement Guidance on Retaliation and Related Issues – its first enforcement guidance on workplace retaliation in more than 18 years. In addition to retaliation, this guidance also addresses the “interference” provision under the Americans with Disabilities Act (ADA), which prohibits threats, coercion or other actions that inhibit the exercise of ADA rights.   This guidance was highly anticipated as “retaliation is asserted in nearly 45 percent of all charges [received]…

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15 Jan 2016 HR Note to Self: Accommodate Obvious Disabilities

  A recent case out of Connecticut federal court serves as a fine reminder that a good dose of common sense can be indispensable for staying out of trouble under the Americans with Disabilities Act (ADA). In the case in question, a call center employee was a top performer, consistently receiving sterling performance evaluations and even a special award for outstanding service. Unfortunately, a car accident led to disabling spine, hip, elbow, shoulder, and knee injuries. The employee’s performance suffered as her injuries made it…