Assessing Leave Of Absence Accommodations Under ADA

Law360, New York (January 24, 2018, 11:05 AM EST) -- The Americans with Disabilities Act of 1990 provides a comprehensive mandate for the elimination of discrimination, including employment discrimination, against individuals with disabilities. Disability discrimination in employment is commonly thought to refer to an employer’s decision to terminate an employee because of his or her disability, or a refusal to hire or promote an individual because of a disability. But unlawful disability discrimination in employment can take other forms, such as failing or refusing to provide a reasonable accommodation to a qualified individual with a disability.

On the surface, providing a reasonable accommodation to a qualified individual with a disability seems...

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