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When employee requests accommodation, beware overly cautious return-to-work conditions

03/31/2011

When employees who have had serious health crises return to work, employers often worry that they may not be able to work safely. While that may seem like a valid concern for em­ployee welfare, courts seldom see it that way. In fact, if a returning employee also requested reasonable accommodations, refusing to let him return may amount to retaliation for protected activity.

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