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On the Horizon
Resources : Publications
February 23, 2002

The Supreme Court will consider several appeals this term.  Each of these cases carries the potential for sweeping ramifications to employers.  A synopsis of these important employment cases follows:

ADA Requirements and a Bona Fide Seniority System:    This decision will likely clarify whether the Americans with Disabilities Act (ADA) requires an employer to reassign a disabled employee to a different position as a reasonable accommodation despite the existence of a bona fide seniority system that would preclude the employee’s eligibility for the proposed position.  Circuit courts have split on this issue.  

FMLA Advance Designation Rules Under Review:    The Court will analyze an Eighth Circuit ruling that held invalid Family and Medical Leave Act (FMLA) regulations providing that an employee’s paid or unpaid leave cannot count against the FMLA’s 12-week leave limit unless the employer gives the employee prospective notice to that effect.   
Does Direct Threat Doctrine Include Harm to Self?:     The Court will consider whether the ADA allows employers to exclude from specific jobs disabled workers who do not pose a threat to co-workers but do pose a potential threat to themselves.

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