No job description? No problem. See why this employer had no duty to accommodate.

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The Americans with Disabilities Act bars employers from firing someone because they have a disability. It also requires employers to provide workplace accommodations to otherwise “qualified” individuals with actual disabilities unless going so would create an undue hardship. Someone who is “qualified” can perform the job’s essential functions with or without an accommodation.

Put another way, if the employee can’t do the job with or without help, then the ADA doesn’t protect them – as one employee recently found out the hard way.

The case I read last night involved a laborer with a back injury who had a

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