Articles Posted in August, 2014

FACT OR FICTION: The ADA requires all employers to offer light duty.

August 1, 2014 | by Eric B. Meyer

That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.”

Peep this ADA failure-to-accommodate case. Plaintiff is disabled and requests light duty. However, the evidence presented showed that there were no light duty positions available and the plaintiff presented no evidence to the contrary.

In denying the plaintiff’s ADA claim, the court underscored that it’s the plaintiff’s burden to show that a requested reasonable accommodation exists and is available. Otherwise, my friends, if it’s not available, then it’s not reasonable.

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