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Abercrombie rule doesn’t cover ADA bias

Last year, the U.S. Supreme Court’s EEOC v. Abercrombie & Fitch ruling made it clear that to prevail in a Title VII discrimination case, the employee only has to show that a protected characteristic such as sex or religion was a motivating factor in an employer’s discriminatory decision.

Flexibility makes for good accommodations–and a good strategy for winning ADA lawsuits

Employers that exercise patience and remain flexible over the long term are best positioned to win an ADA failure-to-accommodate lawsuit filed by a disabled employee.

HR Minnesota Legal Briefs

Merely being obese is not a disability under the ADA, a panel of the 8th Circuit Court of Appeals has ruled.

OK to set limits on intermittent ADA leave

If employees have disabilities that flare up periodically, be prepared to provide reasonable accommodations—within limits.

ADA: ‘Unlimited’ sick days aren’t reasonable

At some point, providing more leave interferes with performance of the job’s essential functions. That point is easily reached when the employee demands unlimited sick days as an accommodation.

Disability: It’s never a joking matter

Supervisors must understand that they have a responsibility to stop harassment immediately and take steps to prevent it from recurring.

Prove good faith on ADA accommodations by tracking response to offers

Be sure to track employee accommodation offer responses to show lack of cooperation.

Accommodating mental disabilities: 3 key questions answered


The ADA requires employers to reasonably accommodate applicants or employees with mental or physical disabilities who are qualified to perform the job’s essential functions with or without a reasonable accommodation. Still, it’s a tricky issue.

Job descriptions key to ADA accommodations

A job description with essential tasks makes it easier to establish when a disability cannot be accommodated

Fired without explanation? No extra EEOC filing time

Former employees generally have just 300 days to file an EEOC complaint alleging that their firing amounted to a discriminatory act. But, under some circumstances, that time period can be extended.