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Eleventh Circuit Finds Employees 'Regarded As' Disabled Under ADA Entitled to Reasonable Accommodations
The Eleventh Circuit has held that under the plain language of the Americans with Disabilities Act (ADA), employers must provide reasonable accommodations for employees who fall within any of the ADA's definitions of “disabled,” including those “regarded as” being disabled. D'Angelo v. Conagra Foods, Inc., 2005 WL 2072131 (11th Cir. Aug. 30).
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
This article explores legal developments over the past year that may impact compliance officer personal liability.
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