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Mental Health: Fair Game In Disability Cases?

Law360 (December 10, 2010, 12:21 PM EST) -- Question: One of our employees recently claimed that he is entitled to a reasonable accommodation of his physical disability (a serious back problem). We were unable to work out an accommodation for the employee (we probably did not do as much as we should have during the negotiation phase), and we terminated his employment. He then sued us under the Americans with Disabilities Act.

We’re now involved in discovery. We’ve asked for all of his medical records — both physical and mental. His lawyers have authorized...
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