USA: Fourth Circuit ruling favors employers in high profile ADA case

What happens if a manager, who is disabled, is removed from office and not offered a similar position that is available in the company? Is it automatically an act of discrimination under the Americans with Disabilities Act? The US Court of Appeals (4th Circuit) has held in Elledge vs Lowe’s Home Centers LLC that if a company takes every reasonable step to accommodate a manager, but they continue to ignore their doctor’s advice and decline the offer of alternative – more suitable – employment, the company is entitled to offer a severance package …

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