Hi group members,
The following article is written by Michael J. Soltis for the National Law Review Database. It describes a ruling by the Tenth Circuit court that an inflexible leave policy is fair, lawful and protects disabled employees.
The recent Tenth Circuit decision in Hwang v. Kansas State University upholding the employer’s inflexible leave policy causes one to ponder the logic of leave as an accommodation under the ADA in a broader sense. When contemplating such issue, the “oxymoronic anomaly” relating to this issue comes to the fore. Just what is this anomaly?