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Can You Fire An Employee For Threatening to Kill Co-Workers?

Yes – a sincere belief that an employee made threats of violence is perhaps one of the strongest defenses available to claims for wrongful termination.  A recent decision from the Ninth Circuit...

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Another Federal Circuit Court Rejects Telecommuting as a Reasonable...

Another federal circuit court of appeals recently rejected the argument that telecommuting was required as a reasonable accommodation for a disabled employee. The Sixth Circuit Court of Appeals made...

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If An Employee Works For Two Years After Retracting a Request for...

No – the Sixth Circuit Court of Appeals recently rejected a failure-to-accommodate claim brought by an employee who worked without accommodation for two years after he requested and then retracted his...

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How To Deal With Hungover Employees

According to a recent study by the Center for Disease Control (CDC), employers in the U.S. lost approximately $77 billion in 2010 due to the impaired productivity of hungover employees. The figure is...

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Recent Study Gives Many Employers a Failing Grade Regarding Nursing Mother...

The University of Minnesota recently published a study reporting that only 40% of working mothers were provided with adequate break time and a clean, private space for expressing milk upon their return...

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Legislation Considered to Reduce Questionable ADA Litigation Against Public...

Legislation is under consideration at both the federal and the state level to address a dramatic increase in litigation against places of public accommodation alleging violations of the Americans with...

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DOJ Delays Website Accessibility Regulations Under Title III of the ADA Until...

In a recent Statement of Regulatory Priorities, the U.S. Department of Justice (DOJ) announced that it does not expect to publish regulations regarding website accessibility for places of public...

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Can An Employee’s Bizarre Behavior Support A Determination That He Poses A...

Yes – the Sixth Circuit Court of Appeals recently held that a police department made an objectively reasonable decision that an officer posed a direct threat and, therefore, was not qualified to do his...

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Minnesota Legislature Considers Bill to Avoid Shakedown ADA Litigation...

As previously reported, a national trend seen here in Minnesota involves public accommodations receiving letters from attorneys threating costly litigation alleging non-compliance with the Americans...

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Can An Employer Refuse To Hire An Applicant For Being Too Obese?

Maybe – the Eighth Circuit Court of Appeals recently held that refusing to hire an employee due to his or her obesity does not constitute disability discrimination under the Americans with Disabilities...

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Can a Driver Who Does Not Satisfy DOT Standards Win an ADA Claim?

No – the Fifth Circuit Court of Appeals recently held that a driver who does not satisfy the requirements for commercial drivers established by the U.S. Department of Transportation (DOT) is a not a...

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Does the MHRA Require an Employer to Engage in an Interactive Process to...

The Minnesota Court of Appeals recently held that the Minnesota Human Rights Act (MHRA) does not require an employer to engage in an interactive process with an employee to determine whether an...

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