Reasonable Accommodations may be Preferential

The HR Expert on March 8, 2021

Employers must provide reasonable accommodation to employees with disabilities unless doing so would cause undue hardship for the business. The 2002 U.S. Airways case clarified that reasonable accommodations may constitute preferential treatment toward individuals with disabilities, despite company policies, rules, or practices.

Avoiding Disparate Treatment and Understanding Comparators

The HR Expert on January 2, 2019

Under the McDonnell Douglas burden-shifting framework, an employee has the burden to demonstrate that she was treated differently from other individuals who were similarly situated. The 11th Circuit clarified that this includes all material respects of the treatment in question.