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Federal anti-discrimination laws, such as the Americans with Disabilities Act and the Rehabilitation Act, help ensure that individuals with disabilities have the same rights and opportunities at work as everyone else.
Both laws require employers to provide individuals with disabilities with reasonable accommodations if needed to perform the essential functions of their jobs. However, when a failure-to-accommodate claim gets litigated, the onus is on the employee to establish that they could perform their jobs, even with reasonable accommodations.
For example, I read a Fifth Circuit decision last night involving a plaintiff employed as an administrative assistant. Her duties were
