Focus (Forum & Focus)
Jul. 21, 2007
Trend Reversal: Disabled Workers Are No Longer Immune From Discipline
Employment Column - By Leonid M. Zilberman - The tide of litigation that came in with the passage of the Americans with Disabilities Act may finally be receding in California.
By Leonid M. Zilberman
Sixteen years after the Americans with Disabilities Act was enacted, disability claims continue to plague and perplex California employers. In recent years, the courts have whittled away at an employer's ability to take adverse action against any employee who either claims a disability or takes a leave of absence. Cases are often framed as an analysis of pretext, examining whether an em...
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