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Appellate Courts Failure to Accommodate Americans with Disabilities Act (ADA)

Littler

Littler Lightbulb: June Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Sherman & Howard L.L.C.

Appellate Court Revives Employee’s ADA Claim While Adopting a Nuanced, Partially Pro-Employer Interpretation of the ADA

Several courts have held that an employer violates the ADA simply by refusing to provide a reasonable accommodation regardless of whether the refusal adversely affects the employee. Put another way, these courts hold that the...more

Jackson Lewis P.C.

Appellate Court Addresses How Much Information Employee Must Submit to Support an Accommodation Request

Jackson Lewis P.C. on

One of the many difficult issues employers face under the Americans with Disabilities Act (ADA) is determining what information a disabled employee must provide to an employer to trigger the employer’s duty to accommodate a...more

Sherman & Howard L.L.C.

Tenth Circuit Reverses Itself: Adverse Action Not Required To State ADA Failure-To-Accommodate Claim

Sherman & Howard L.L.C. on

Sitting en banc, the Tenth Circuit Court of Appeals recently ruled that an adverse employment action is not a required element of a failure-to-accommodate claim brought under the Americans with Disabilities Act (“ADA”). In...more

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