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The Americans with Disabilities Act prohibits discrimination against “qualified individuals with disabilities.” A qualified individual can perform the essential functions of their job with or without accommodation. While not the be-all-and-end-all, an employer’s business judgment about what job functions are essential carries substantial weight under the ADA. Still, courts often consider whether a particular job function is essential on a case-by-case basis.

Last night, I read a federal court opinion highlighting three ways employers and their managers can create uncertainty about which job functions are essential. Continue reading

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Last year, the EEOC published a resource to help employers avoid bias claims from using artificial intelligence. Earlier this month, the U.S. Department of Labor released its AI Principles and Best Practices guidance for employers and developers. Continue reading

“Doing What’s Right – Not Just What’s Legal”
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