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August 8, 2018

Whether and to what extent an employee (or prospective employee) may be entitled to a reasonable accommodation under the Americans with Disability Act (“ADA”) and Family and Medical Leave Act (“FMLA”) are daunting questions for employers. The decision-making process is filled with potential landmines that may only be apparent in hindsight – when it is too late for meaningful damage control. For this reason, employers must learn, wherever possible, from the experiences – good or bad – of others.

A new Eleventh Circuit Court of Appeals opinion is a cautionary tale for both employers and employees regarding requests for leave under the FMLA and requests for reasonable accommodation under the ADA.  Such requests frequently present employers with challenges that require special consideration in making decisions which will insulate employers from potential liability.  The takeaway from the Eleventh Circuit’s recent opinion is that not every manager is well-equipped to evaluate when a leave or...

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