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Colorado and Tennessee Tie for Failure to Accommodate – Walmart Notches Largest Settlement

Failure to provide reasonable accommodation to a prospective, conditional, or current employee under Title 1 of the Americans with Disabilities Act emanates from a shortlist of possible missteps. Training line managers and executives to recognize a request for accommodation is the first step in avoiding significant settlements.

Review recent federal suits and settlements of from $1,250,000 to $5,200,000.

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The Use of Evidence of the Essential Functions of a Job to Address Obesity as a Disability

This blog suggests an alternative to arguing the definition of impairment and disability in the context of an employment discrimination claim based on “regarded as disabled.” The alternative is to focus on the “Qualified Individual” status of the employee with whom the employer has safety or productivity concerns. Apprehension involving direct threat, decreased productivity, inability to respond to an emergency, or the need for reasonable accommodation each are addressed under the Qualified Individual section of the code.

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