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N.C. Federal Court Allows Former Employee’s Disability Claims to Proceed to Trial

Jan 21 2020
A North Carolina federal trial court recently denied an employer’s request to dismiss a former employee’s disability discrimination and retaliation claims under the Americans with Disabilities Act (“ADA”). The case provides a helpful reminder of why employers must be ready to articulate and provide concrete support for any alleged “undue hardship” a requested reasonable accommodation would create before denying it.

The Runway Extension Act’s New Standard for Measuring Small Business Size Status Takes Effect

Jan 13 2020
As detailed in our previous alert, when the Small Business Runway Extension Act of 2018 (the “Act”) became law in December 2018, the Small Business Administration (“SBA”) declared that the Act would not be effective until the SBA issued implementing regulations through the formal rule-making process. On June 24, 2019, the SBA finally issued a Proposed Rule to implement the Act, and on December 5, 2019, SBA issued a Final Rule announcing that the Act’s new formula for determining the size status of some companies would become effective as of January 6, 2020. Therefore, as of the date of this alert, the measurement period for determining whether a contractor qualifies as a small business concern under revenue-based size standards has been extended to an average of the most recently completed five fiscal years, replacing the most recent three fiscal-year period that the SBA previously considered for this purpose. The Act did not change the SBA’s historic methodology for calculating contractor qualification with employee-based size standards.