September 23, 2015Published Article

The Recent Evolution Of An Employer's Duty To Accommodate


"Employers should be aware of the shifting landscape in the duty to accommodate, as highlighted in two recent U.S. Supreme Court decisions: U.S. Equal Employment Opportunity Commission v. Abercrombie & Fitch Co. and Peggy Young v. United Parcel Service Inc.

Both cases illustrate the recent trend of increasing the burden placed on employers when faced with an employee’s need, or potential need, for an accommodation. While these cases involved discrimination under Title VII, employers should not assume that the reasoning applied in Abercrombie and Young is exclusive to Title VII."

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