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Creating Uncertainty for Employers Again…The ADA

Creating Uncertainty for Employers Again…The ADA

Making sure your company is complying with the ADA just got a little bit more difficult (as if it wasn’t already difficult enough).

The Appellate Court for the Seventh Circuit recently issued two rulings that have added to the complexity of the ADA. In Spurling v. C & M Fine Pack, Inc., 13-1708, 2014 WL 107968 (7th Cir. Jan. 13, 2014), the plaintiff had been fired after repeatedly falling asleep while on the job. After the district court granted summary judgment, the appeals court reversed finding that the company had notice that the employee was suffering from a medical condition that was covered by the ADA. It further held that the company should have explored possible accommodations, including providing additional time for the employee to be medically evaluated. The effect of Spurling is that employers must be more cognizant and careful when dealing with employees who report that a medical condition is impacting their ability to work.

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