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Open-ended leave isn’t reasonable ADA accommodation, also won’t work on age bias

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in Discrimination and Harassment,Employment Law,Human Resources

A request for indefinite leave can sink more than an ADA claim. A federal court has dismissed an age discrimination case because the employee could not say when he would be able to work again.

Ordinarily, if a worker asks for leave because he can’t perform his job due to a disability, the leave may be considered a reasonable accommodation if it’s not for an indefinite period of time. But once the request becomes open-ended, with no anticipated return-to-work date, the request is no longer reasonable.

That means the worker can’t count on the ADA for job protection.

But what about other discrimination claims the worker may have? Because most such claims involve the worker having to prove he is qualified for the job, an indefinite leave request sinks those claims too, as this recent case shows.

Recent case: Dale was over age 60 when he accepted a job as a service manager at a company he had once worked for decades before. He so...(register to read more)

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