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9 Seton Hall Cir. Rev. 207 (2012)
How Much Is Too Much: Doctors' Notes and Return-to-Work Policies under the Americans with Disabilities Act and the Rehabilitation Act

handle is hein.journals/shcirc9 and id is 445 raw text is: How Much is Too Much?: Doctors' Notes and Return- to-Work Policies under the Americans with Disabilities Act and the Rehabilitation Act Kaitlyn Stone' I. Introduction .............................. ....208 II. Applicable Statutory Law, Court Decisions and Scholarly Commentary .............................. .....211 The Relationship between the Americans with Disabilities Act, the Rehabilitation Act, and Return-to-Work Policies ..............211 B. The Second Circuit Disapproves of Policies Requiring a General Diagnosis ....................... .....213 The Sixth Circuit Approves of Directives Demanding a Nature Description under the Rehabilitation Act....... .........214 Commentators Split Over Doctors' Notes Permissive Content ............................................ 218 III. Discussion ..................................220 Problematic and Less-than-Pragmatic Duality ..... ......220 The Federal Circuit's Superficial Distinctions between Directives' Variant Requests ...................221 A False Distinction Revealed Through Application ............224 The Employers' Purposes: Does Duality Stem from a Legitimate Business Purpose? ............... .....227 J.D. Candidate 2013, Seton Hall University School of Law; B.A. 2009, University of Rhode Island. Special thanks to Pmfessor Charles A. Sullivan, Sara Ben-David and Courtney O'Brien for their brilliant insight, in addition to Jonathan Harper, Rob Novo, Denise Coppa and Laura Perrin for their patience and participation in my research. I also thank my parents, for giving me a wealth of opportunities in life and firmly believing in the importance of my education. Finally, I dedicate this Comment to my sister, Jessica. 207

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