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Managing the Modern Workplace
V&E International Labor & Employment Resources

  • 21
  • March
  • 2017

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Risk Discussions That Satisfy Engineers and Lawyers

Lawyers get nervous when clients talk about safety risks — especially when clients start writing these discussions down. We worry that the client will write something that will be used against the client in the future. At the same time, engineers know that risk must be considered in any discussion involving operations including decisions about staffing, maintenance schedules, and capital budgets. While these concerns may appear difficult to reconcile, there are ways to discuss risk that can satisfy both the lawyers and the engineers.

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  • 21
  • February
  • 2017

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Avoiding Non-Compliance with the ADA for Emergency Response Personnel

An employee is not protected under the Americans with Disabilities Act (“ADA”) if he is unable to perform the essential functions of the employment position he holds. But what makes a particular job function “essential,” and can a job function be “essential” even if it is rarely performed? Last month, the Eleventh Circuit joined the Sixth and Eighth Circuits in holding that a job function that is rarely performed may still be considered “essential.” In Bagwell v. Morgan County Commission,1 the Court found that, although certain maintenance tasks were rarely required, a park groundskeeper was not qualified to do the job in part because she could not safely perform such tasks.

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Contributors

Thomas H. Wilson

Thomas H. Wilson Partner

Christopher V. Bacon

Christopher V. Bacon Counsel

Sean Becker

Sean Becker Partner

Stephen M. Jacobson

Stephen M. Jacobson Partner

Martin C. Luff

Martin Luff Counsel

Lawrence S. Elbaum Partner