April 1, 2019 / 11:40 PM / 19 days ago

3rd Circuit says employer's ADA argument was right, but came too late

A U.S. appeals court on Monday said a Delaware social services provider was right that it did not owe accommodations to a former employee who claimed she was fired because of a disability, but waived the defense by not raising it earlier.

A unanimous three-judge panel of the 3rd U.S. Circuit Court of Appeals said First State Community Action Agency had several opportunities to raise the argument before losing on the worker’s claim at trial and had not, so it had waived the ability to raise the issue on appeal.

To read the full story on Westlaw Practitioner Insights, click here: bit.ly/2Ub1koR

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