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How Do You Define Workplace? Survey Report

The pandemic has created an inflection point unlike any we have experienced in our lifetime — one that will redefine the workplace. Our Spring 2021 remote and return-to-the-workplace survey shares insights from more than 400...more

Regular Attendance Is Essential Even If Employer was Lenient In The Past, Fifth Circuit Holds

An employer’s past leniency in applying and enforcing its attendance policy did not contradict the employer’s later position that regular worksite attendance was required for employment, the U.S. Court of Appeals for the...more

Another Court Decides That Extended Leave Is Not A Reasonable Accommodation

As employers struggle with managing how much, if any, leave is required as an accommodation under the ADA, we are beginning to get more direction from the Courts to guide those decisions. In Easter v. Arkansas Children’s...more

Donations Not Accepted – ADA Does Not Require Continued Use Of Leave Donation Program

Many employers have programs allowing employees to donate their own time off to another employee with serious medical or family issues. A dilemma often faced by employers with these policies is whether continued use of such...more

Extending Leave Was Not A Reasonable Accommodation Under The ADA Where There Was A Lack Of “Certainty” About Return To Work Date

While employers generally accept that they cannot apply a maximum leave period after which employees are automatically terminated, they continue to struggle with how much leave must be provided as a form of accommodation...more

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