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Panel Affirms Award Against Wal-Mart in Disability Bias Case
An employer has a duty to reasonably accommodate an employee's disability where the disability is obvious even though the employee did not request an accommodation, a federal appeals panel has ruled.
Staking out an exception to the general rule that the requirement to accommodate is normally triggered by a disabled employee's request, the Second U.S. Circuit Court of Appeals said an employer must take action “if the employer knew or reasonably should have known that the employee was disabled.” Brady v. Wal-Mart Stores Inc., 06-5486-cv.
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