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EIGHTH DISTRICT FURTHER CLARIFIES EMPLOYER RESPONSIBILITY UNDER ADA

In Lipp v. Cargill, former employee Lipp claimed Cargill terminated her employment in violation of the ADA and not due to her record of absenteeism. However, the 8th District stated, “Under the ADA, a request for “a medical leave of absence might, in some 8 circumstances, be a reasonable accommodation.” They further held, “An individual requesting an accommodation must “make a facial showing that reasonable accommodation is possible and that the accommodation will allow her to perform the essential functions of the job.” Burchett v. Target Corp., 340 F.3d 510, 517 (8th Cir. 2003).

 

https://cases.justia.com/federal/appellate-courts/ca8/17-2152/17-2152-2018-12-19.pdf?ts=1545237023

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