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Developments in Disability Law: Courts Follow Reasonable Approach in Evaluating Disability Claims

November 14, 2012
Source: Lexology

Courts, however, have resisted attempts by employees seeking to broaden these laws further, issuing rulings confirming that (i) employers do not have to accommodate misconduct resulting from a disability, (ii) an employer may not be held liable under the Americans With Disabilities Act (the “ADA”) when attendance is an essential function of the job, even if an employee’s absenteeism is the result of a disability, and (iii) open-ended leave requests are not a reasonable accommodation.

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