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Employee Reassignments Under the ADA
The United States Supreme Court was poised this term to decide an important issue arising under the Americans With Disabilities Act ('ADA') that has vexed employers for years. At issue was whether the ADA requires employers to reassign an employee who, due to a disability, can no longer perform the essential functions of his position, to a vacant, equivalent position for which he is qualified or whether the disabled employer must merely permit the employee to compete for such a position with other applicants. Unfortunately, the case of Huber v. Wal-Mart Stores, Inc. settled after the Supreme Court had granted certiorari to decide this issue, leaving an existing split among the circuits.
The ADA identifies 'reassignment to a vacant position' as a 'reasonable accommodation.' 42 U.S.C. ' 12112(b)(5)(A). Thus, it is by now well settled that, if a disabled worker cannot longer perform the essential functions of his position, the employer must consider reassigning him to other vacant positions for which the employee is qualified. The Equal Employment Opportunity Commission('EEOC') has issued an interpretive guidance describing its view as to what employers are and are not required to do vis-'-vis reassignment of disabled employees who can no longer perform their essential job functions, with or without accommodation. See Reasonable Accommodation and Undue Hardship Under the Americans With Disabilities Act, EEOC Enforcement Guidance No. 915.002 (Oct. 17, 2002).
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.