Articles Posted in Discrimination and Unlawful Harassment

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Discrimination claims are not easy to prove. But, it doesn’t take much for a plaintiff to at least allege in her complaint that her former employer discriminated against her.

Except when all you plead are “vague and conclusory” allegations.

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The Americans with Disabilities Act requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment. However, the ADA does not require an employer to assist a person without a disability due to that person’s association with someone with a disability. Still, an employer cannot discriminate against an employee or applicant because of that person’s association with someone with a disability.

It’s called associational discrimination.

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Federal anti-discrimination laws, such as the Americans with Disabilities Act and the Rehabilitation Act, help ensure that individuals with disabilities have the same rights and opportunities at work as everyone else.

Both laws require employers to provide individuals with disabilities with reasonable accommodations if needed to perform the essential functions of their jobs. However, when a failure-to-accommodate claim gets litigated, the onus is on the employee to establish that they could perform their jobs, even with reasonable accommodations.

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