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In recent months, there has been an increased number of charges in relation to the American with Disability Act (ADA) and cases are settling at very large numbers, which could be for a couple of reasons. HRIQ speaks with Patrick Hicks, shareholder at the country’s leading employment law firm, Littler Mendelson.
Patrick provides insight into why more cases are going to trial and why more cases will settle for more than they have in the past, partially resulting from the FMLA and ADA significantly overlapping. For example, an employer may give an employee all the FMLA leave they are entitled too, however, under the ADA the employer has the obligation to reasonably accommodate the employee. The employer may think just in terms of the FMLA, and not consider ADA requirements.
1. How do claims under the ADA relate to leaves of absence policies?
2. How do these issues interact with the FMLA?
3. How has the EEOC responded to these claims?
4. How are the FMLA and ADA are significantly overlapping? What does this means for employers?
5. How may this affect employees?