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Can I still pursue my disability discrimination claim if I receive disability benefits?

Often, our clients who are pursuing disability discrimination claims under the American’s with Disabilities Act (“ADA”) or the Kentucky Civil Rights Act (“KCRA”), find themselves in the position of being forced to apply for disability insurance benefits after being wrongfully terminated. This raises an important question: Can I pursue my disability discrimination lawsuit even if…

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Medical Marijuana

Is Medical Marijuana Use a 'Reasonable Accommodation' under the ADA?

Since 1996, 33 states, the District of Columbia, Guam, Puerto Rico and U.S. Virgin Islands have enacted law making medical marijuana legal in so form. About half as many states have legalized recreational marijuana for adults. But, are employees who use and, in many cases, rely on medical marijuana to control or treat a medical condition protected…

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Employees Suffering Temporary Disabilities May Be Protected Under the ADA Amendments Act

The U.S. Court of Appeals for the Fourth Circuit is the first federal appeals court to apply the ADA Amendments Act’s “expanded definition of disability” to include temporary impairments, in a January 23rd ruling holding that a temporary impairment caused by an injury may be a covered “disability” under the ADA Amendments Act if it’s…

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THE DISABILITY OF ADDICTION – Employer Discrimination Against Recovering Addicts

When used in the context of the Americans with Disabilities Act, the term “disability” covers a lot of ground. There are obviously a number of physical conditions, chronic illnesses, and mental health issues that are invoked and covered by the Act. One type of disability that often goes overlooked, however, is the well-known, but commonly…

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The Golden Rule and Employment Discrimination

If you ask any first-grader about the “golden rule,” he or she will likely tell you that it is important to “treat others the way you want to be treated.” Although the golden rule seems like a relatively simple concept, workplace discrimination and unfair treatment is all too common. But that doesn’t mean you have…

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