When the new amendments to the the Americans with Disabilities Act took effect in 2009, the law became more employee-friendly by expanding the definition of what constitutes a disability.

That said, the law doesn’t (yet) require an employer to have a sixth sense about whether a disabled employee requires a reasonable accommodation.

Generally, an employee has to ask for it. Or, as we find out after the jump, an ADA failure-to-accommodate lawsuit is pretty much doomed.

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Why, just the other night, I playing my 5-year-old son in a friendly game of Uno.

Well, it was friendly-ish in a cutthroat sorta way. At least, that’s what the look on his tear-stained face suggested to me when I mouthed “Uno,” shimmied, and spiked my final card to win my fourth game in a row.

Now, some would say that I took it a bit too far when I collected his tears, and then painted them on my face to mock his crying.

On the clock or off, when employees do dumb stuff on Facebook, it could cost them their jobs. And, apparently, their discrimination claims against their former employer too.

Yep, another employee screwed up online. Go figure.

More on that after the jump…

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Fact or Fiction?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.

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