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Expert Analysis

Practical Takeaways From 7th Circ. Disability Bias Decision

By Jan Michelsen ( August 13, 2019, 3:17 PM EDT) -- In Graham v. Arctic Zone Iceplex, the U. S. Court of Appeals for the Seventh Circuit provided some employer-friendly clarification on a trio of key issues encountered frequently, not only in Americans with Disabilities Act cases, but also in claims brought pursuant to other anti-discrimination and anti-retaliation statutes. In Graham, the court addressed the joint and equal responsibility of both employees and employers to identify and implement a reasonable accommodation, shed light on what constitutes a similarly performing comparator, and clarified that factoring in previous minor performance issues which had not resulted in written discipline provides a legitimate basis for termination. . . .

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