For years we’ve been following legal developments on how employers deal with workers who attribute bad behavior to a disability. (We wrote about it here and here and here,
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Disability
Recent Case Shows Lengths CA Employers Must Go to Accommodate Disabled Employees

One of our ongoing themes has been the extent of an employer’s obligation to accommodate disabled employees. A…
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Employees Who Attribute Bad Behavior to a Disability – 9th Circuit Adds to Confusion
I Didn't Steal the Potato Chips, My Disability Did (Part 2)
Last April, we reported on a case where an employer fired an employee for helping herself to a bag of potato chips without paying. The employee argued that she is…
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LSAT and DFEH Settle Reasonable Accommodation Dispute
The Law School Admission Council – a nonprofit that administers the Law School Aptitude Test or LSAT – has settled a dispute with the Department of Justice and California’s Department…
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I Didn't Steal the Potato Chips, My Disability Did
With increasing frequency, employees are relying on disabilities to excuse work-related misconduct. While we’ve been writing about this for years (some suggested that my 2011 post “To What Extent …
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Is Being Dead a Disability?
I read two items about dead people today. First, I read this post by Marjorie Johnson about a woman in Alabama who died after the EEOC issued her a right-to-sue…
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I'm Perfectly Normal, But My Disability Makes Me Act Crazy
To what extent are employers required to accommodate crazy employees?
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What Triggers the Obligation to Engage In the Interactive Process?
I spoke at a seminar yesterday on Recent Developments in Employment Law. Talking to the attendees confirmed that there is still considerable angst over the new disability regulations that took…
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What Employers Need to Know About California's New Disability Regulations
New disability regulations (pdf) took effect this year for California employers with five or more employees. They include the following:
- Examples, examples, and more examples. These examples are illustrative
…
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