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How long is too long, when an employee requests leave for medical reasons? Employers have received welcome guidance from the Seventh Circuit U.S. Court of Appeals on this question. In Severson v. Heartland Woodcraft, Inc., No. 15-3754 (7th Cir. Sept. 20, 2017), the Seventh Circuit held that a request for a two to three month leave of absence is not a reasonable accommodation under the Americans with Disabilities Act (ADA). This is as close to a bright-line rule as could be hoped for in this all too murky area of ADA law.
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Continue Reading Two to Three Month Leave of Absence Not a Reasonable Accommodation, 7th Circuit Holds

Nurse helps pregnant woman with medication at home

The U.S. Equal Employment Opportunity (EEOC) this week issued a publication addressing the rights of employees and applicants with mental health conditions under the Americans with Disabilities Act (ADA). The publication, entitled “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights,” can be found here.…
Continue Reading EEOC Giving More Thought to Mental Health Conditions

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Managers who are trying to do employees a good turn may find themselves in an unwanted predicament, if the EEOC ever winds up getting involved.

Most of us know that disability claims are a primary focus for the Equal Employment Opportunity Commission. And with the ADA’s 25th anniversary last month, the focus is even more heightened. But what may come as a surprise to some is the EEOC’s highly aggressive stance when it comes to accommodating disabled employees. …
Continue Reading No Good Deed: When Unnecessary ADA Accommodation May Become Required ADA Accommodation