Rely on individual disability accommodations; you won’t be targeted for a class action

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in Employment Law,Human Resources

Here’s a bit of good news for employers: While class-action lawsuits have been all the rage in recent years, the 3rd Circuit Court of Appeals has refused to expand the types of cases that can become class-action claims when the ADA is at the heart of the case.

Essentially, because the ADA requires an individualized assessment of whether an employee is disabled or not, it isn’t practical to try the cases together.

That’s true even if the claim is based on an employer’s alleged companywide discriminatory rule or policy. Such so-called “pattern and practices” cases are allowed for cases involving other forms of discrimination, such as race bias. By bringing such cases together, courts can more efficiently adjudicate them. Employees with damage claims that are individually small can add their damages together.

Now, employers won’t have to worry about million-dollar awards in ADA class actions.

Recent case: Mark Hohi...(register to read more)

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