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Here’s a reminder that the duty to accommodate an employee under the Americans with Disabilities Act neither requires providing the employee’s preferred accommodation nor an accommodation that is 100% successful.

Instead, it’s about doing what’s reasonable based on the information available at the time.

I’ll explain. Continue reading

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On Wednesday, the Fifth Circuit Court of Appeals — the same federal appellate court that stayed OSHA’s vaccine-or-test Emergency Temporary Standard — breathed new life into another federal vaccine mandate. I’m talking about the Center for Medicare and Medicaid Services healthcare COVID-19 vaccine mandate (the “CMS Rule”). Continue reading

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As the business community patiently awaits a ruling from the Sixth Circuit Court of Appeals on whether the Fifth Circuit correctly stayed the OSHA Emergency Temporary Standard, we did get a significant Sixth Circuit ruling yesterday. Continue reading

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