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In-House Counsel Tool Kit: Employment Law Update

A common observation from in-house attorneys is that, unlike those in private practice, many lack the luxury of being able to focus on a specific area of law. Rather, they are often expected to understand and provide legal advice on a myriad of complex topics that differ from their ordinary practice. This program, requested by […]

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Warning: Risk of ADA Claims by Transgender Employees…Proceed With Caution

If an employee identifies as transgender, employers may want to engage in the interactive process with the employee to protect themselves against potential claims for disability discrimination under the Americans with Disabilities Act (“ADA”). But why, when the ADA specifically excludes “transsexualism” and “gender identity disorders not resulting from physical impairments” as within the meaning […]

1 Reminder: Leave Can Be an ADA Reasonable Accommodation — Due in: Now

On February 1, the U.S. Equal Employment Opportunity Commission filed a lawsuit alleging that Tennessee-based West Meade Place LLP violated the Americans with Disability Act (“ADA”) when it denied an employee’s requested leave as a reasonable accommodation for her anxiety disorder. The employer subsequently discharged the employee when she did not provide a note from […]

7th Circuit Deals a Blow to the EEOC’s Extended Leave as a Reasonable Accommodation Position

The EEOC’s position that extended leave may be a reasonable accommodation under the Americans with Disabilities Act (“ADA”) has long frustrated employers who are left without much guidance to determine what is “reasonable.” According to the EEOC, this could be a leave of absence in excess of several months or more.  In a recent decision, […]

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