News & Analysis as of

Americans with Disabilities Act (ADA) Adverse Employment Action

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Jackson Lewis P.C.

Empowering Agent and Employee Wellness in the Real Estate Industry

Jackson Lewis P.C. on

Wellness is important for a variety of reasons, not the least of which is that real estate agents and employees spend so much time at work. According to the U.S. Bureau of Labor Statistics, in 2022, full-time employees in the...more

Constangy, Brooks, Smith & Prophete, LLP

Everything you wanted to know about Pregnant Workers Fairness Act*

*And are sorry you asked. Last Friday, the Equal Employment Opportunity Commission published its final regulations on the Pregnant Workers Fairness Act. The regulations will take effect on June 18, just under a year since...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Atlantic Properties Management Corporation and Diversified Funding for Disability Discrimination and Retaliation

Federal Agency Charges Property Management Companies With Revoking Job Offer From Woman With Breast Cancer - BOSTON – Atlantic Properties Management Corporation and its affiliate, Diversified Funding, Inc., property...more

Manatt, Phelps & Phillips, LLP

First, Sixth Circuits Affirm Dismissal of ADA Claims

Considering the termination of a high school teacher who underwent hip surgery and the refusal of a hospital to allow a nursing student’s service dog, the U.S. Court of Appeals, First and Sixth Circuits, both affirmed...more

Goldberg Segalla

Employee Protection Limited for ADA and FMLA Discrimination and Retaliation Claims

Goldberg Segalla on

Key Takeaways - Resolved medical conditions and COVID-19 symptoms — aside from “Long COVID” — may not be considered “disabilities” under the ADA. A seven-week period between employee engagement in protected activity and an...more

Fisher Phillips

EEOC Brings Claim for Teacher Whose Daughter Has a Disability: 5 Answers for Employers About Association-Based Bias

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A recent lawsuit against a private school focuses on a lesser-known aspect of the Americans with Disabilities Act (ADA) and serves as a reminder that the law also protects employees and job applicants who have a relationship...more

Littler

Littler Lightbulb – August Employment Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in the federal courts of appeal in the last month. Fifth Circuit Expands Scope of Actionable Claims Under Title VII....more

Littler

Eleventh Circuit Holds Adverse Employment Action Is Required in ADA Failure-to-Accommodate Claims

Littler on

The U.S. Court of Appeals for the Eleventh Circuit, in Beasley v. O’Reilly Auto Parts, recently held that a claim for failure-to-accommodate under the Americans with Disability Act (ADA) must include an adverse employment...more

Fisher Phillips

SCOTUS 2023 Lookback and 2024 Preview: 7 Critical Decisions All Employers Should Review and 3 New Cases to Track

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The Supreme Court’s blockbuster decisions last term dominated the headlines – and many rulings will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an...more

Seyfarth Shaw LLP

The Art of Defending (or Lodging) a Failure to Accommodate Claim: A Lesson on The Rehabilitation Act

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Seyfarth Synopsis: The Tenth Circuit further clarifies The Rehabilitation Act while making it even harder to get rid of failure to accommodate claims at the summary judgment stage; FEHA and ADA implications may follow....more

K&L Gates LLP

11th Circuit Creates Circuit Split Holding that an "Adverse Act" Is Needed to Bring an ADA Claim for Failure to Accommodate

K&L Gates LLP on

Overview - On 24 May 2023, in Beasley v. O’Reilly Auto Parts, the United States Court of Appeals for the Eleventh Circuit created a split in the circuit courts by holding that an employee must establish the occurrence of an...more

Venable LLP

Responding to Mental Health Accommodation Requests

Venable LLP on

Many employers have experienced an increase in employee requests for accommodations in the past few years. A federal jury’s recent award in Lisa Menninger v. PPD Development L.P. reminds employers that accommodation requests,...more

McGlinchey Stafford

CBD & The Workplace, A Word to The Wise

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Federally legal CBD products may, under some circumstances, cause consumers to fail drug tests. An employer’s right to terminate employee-consumers on that basis is not prohibited by federal law, including the Americans with...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eleventh Circuit Holds Adverse Employment Action Is Required in ADA Failure-to-Accommodate Claim

Under the Americans with Disabilities Act (ADA), “[n]o covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge...more

Sherman & Howard L.L.C.

Appellate Court Revives Employee’s ADA Claim While Adopting a Nuanced, Partially Pro-Employer Interpretation of the ADA

Several courts have held that an employer violates the ADA simply by refusing to provide a reasonable accommodation regardless of whether the refusal adversely affects the employee. Put another way, these courts hold that the...more

Proskauer Rose LLP

California Employment Law Notes - May 2022

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Former UCLA Physician Can Proceed With Whistleblower Claims - Scheer v. The Regents of the Univ. of Cal., 76 Cal. App. 5th 904 (2022) - Arnold Scheer, M.D., M.P.H., sued the Regents of the University of California and...more

Gould + Ratner LLP

EEOC Issues Guidance on Caregiver Discrimination Related to COVID-19

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The U.S. Equal Employment Opportunity Commission (EEOC) issued a technical assistance document on March 14, detailing recommended best practices for employers managing workers with caregiver responsibilities. The guidance...more

Burr & Forman

COVID-19 as a Disability Under the Americans with Disabilities Act

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Can COVID-19 be Considered a Disability? The EEOC recently published guidance indicating that, in some instances, COVID-19 may be considered a disability under the Americans with Disabilities Act (“ADA”). Although the...more

Husch Blackwell LLP

Tennessee and Florida State Law Restrictions on Employer Vaccine Mandates

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Tennessee and Florida enacted state laws earlier this month that impose restrictions on an employer’s ability to impose vaccine mandates or to ensure employees are vaccinated. While Tennessee’s law provides employers who are...more

Fisher Phillips

Federal Court Allows COVID-Based Disability Discrimination Lawsuit to Proceed

Fisher Phillips on

A federal court in Pennsylvania recently refused to dismiss a lawsuit alleging that an employer violated the Americans with Disabilities Act (ADA) by firing a worker because she tested positive for COVID-19. Notably, the...more

Littler

11th Circuit Finds Employee Conduct May Lead to Termination Even Where the Conduct is the Result of Mental Illness

Littler on

On May 27, 2021, in Todd v. Fayette County School District, a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit affirmed the propriety of a school district’s decision to end a mentally ill...more

Jackson Lewis P.C.

Incentives: From Water Bottles To “Not So Substantial”

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For years (and we do mean years), the EEOC has waffled about whether incentives were permissible in connection with a medical inquiry under a voluntary wellness program. Friday, the EEOC issued its most recent pronouncement...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Alabama Legislature Approves Medical Marijuana: Roll Tide! (and a Joint?)

On May 6, 2021, the Alabama legislature approved a medical marijuana legalization bill. Senate Bill (SB) 46, more commonly known as the Darren Wesley ‘Ato’ Hall Compassion Act, will now go to Governor Kay Ivey for final...more

CDF Labor Law LLP

Five Bars of Wi-Fi Are Grounds For Disability Claims

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The California Court of Appeal, Brown v. Los Angeles Unified School District, recently ruled that that electromagnetic sensitivity (aka “being sick to Wi-Fi”) constituted a “physical disability” under Fair Employment and...more

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