Posts Tagged ‘Americans with Disabilities Act’

How long do I keep applications?

Employers often ask how long they should keep the applications of unsuccessful applicants. Based on the Equal Employment Opportunity Commission’s recent enforcement actions, it’s important to know the right answer to that question. In June 2010, Martina Owes applied for two vacant warehouse positions with Coca-Cola Bottling of Mobile, Alabama. According to Owes and the…

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Disabilities that pose a ‘direct threat’ in the workplace

The Americans with Disabilities Act (ADA) prohibits employment discrimination on the basis of disability. The ADA also requires employers to reasonably accommodate disabled individuals who are qualified for a position. However, the ADA recognizes a “direct threat” defense for employers who have been sued for disability discrimination. A “direct threat” involves a “significant risk of…

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Employee who quit during interactive process cannot pursue ADA claim

A federal appeals court recently decided against an employee who failed to satisfy her obligation to cooperate in the interactive process with her employer when searching for a reasonable accommodation for her disability. The case was filed by the U.S. Equal Employment Opportunity Commission (EEOC) on behalf of Pamela Manning, alleging that her former employer, Kohl’s…

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