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Employer Insights From 11th Circ. Disability Bias Ruling

Law360 (January 30, 2019, 12:26 PM EST) -- Despite the well-known tenet of the Americans with Disabilities Act that covered employers have a duty to reasonably accommodate qualified disabled individuals, challenges frequently arise in its day-to-day application in the workplace. For example, it can sometimes be difficult for employers to determine when the duty to engage in the interactive process is triggered, and what accommodation(s) must be provided.

Well-intentioned employers can also find themselves in hot water for asking an employee if he or she needs an accommodation before the employee asks for one, which might lead the worker to later assert that, while not “disabled” under the ADA,...

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