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The employee asked for help completing his work. Months later, the unfinished work became the reason for firing him.


TL;DR: A federal appeals court rejected an employee’s intentional disability discrimination claim because the decisionmaker did not know about his disabilities. But it revived his failure-to-accommodate claim because HR and the deputy chief allegedly failed to act on requests for help that might have prevented the performance problems leading to his termination. Employers need a process that connects accommodation requests to the people managing the employee’s work.

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A judge joked about his female employee’s sexuality and kept a mug decorated with cartoon genitalia in his own courtroom. The same judge required her to burn a full day of sick leave every time she needed an hour off for a medical appointment. A federal appeals court still ruled none of it was enough to reach a jury.

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Roughly one in ten of a railroad’s train and engine employees marked off using FMLA leave on Christmas Day. The railroad ran that spike through an algorithm, then a hearing, then a dishonesty finding, and a federal court just said a jury needs to check that whole chain.

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