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Brady v. Wal-Mart Stores, Inc, et al, 2d Circ., No. 06-5486-cv, July 2, 2008

Articles Discussing Case:

Employer Has Duty To Accommodate Employee With "Obvious" Disability.

Ogletree Deakins • August 05, 2008
The Americans with Disabilities Act (ADA) requires that employers engage in an "interactive process" with employees to determine whether an employee's disability can be reasonably accommodated. A federal appellate court recently held that an employer failed to engage in this process when it did not initiate the issue of accommodation with an employee whom it allegedly perceived to be disabled.

Second Circuit Says Employer Has A Duty To Reasonably Accommodate Employee With An Obvious Disability, Even Without A Request To Do So.

Ogletree Deakins • July 16, 2008
The Americans with Disabilities Act (ADA) requires that employers engage in an “interactive process” and to work together with disabled employees to determine whether an employee’s disability can be reasonably accommodated. Recently, the 2d U.S. Circuit Court of Appeals held that Wal-Mart failed to engage in this process when it did not initiate the issue of accommodation with an employee whom it perceived to be disabled. Brady v. Wal-Mart Stores, Inc, et al, 2d Circ., No. 06-5486-cv, July 2, 2008.

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