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Americans with Disabilities Act (ADA) Labor Law Violations

Seyfarth Shaw LLP

Seventh Circuit: A “Do-Over” Is Not an Accommodation

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The Seventh Circuit’s recent decision – holding that an employee’s request for a second chance that allows them to change their behavior to meet employer expectations is not a “reasonable accommodation” under the ADA –...more

FordHarrison

EEOC's Recent Enforcement of the Pregnant Workers Fairness Act: What Employers Need to Know

FordHarrison on

A recent Consent Decree between the Equal Employment Opportunity Commission (EEOC) and Lago Mar Properties stands as an important reminder that the Pregnant Workers Fairness Act (PWFA) is broad in scope and encompasses all...more

Seyfarth Shaw LLP

EEOC’s Pregnant Worker Suits Are Compliance Lessons for Employers

Seyfarth Shaw LLP on

The Equal Employment Opportunity Commission filed a flurry of lawsuits last month alleging violations of federal law concerning pregnancy and related conditions. These cases highlight a new “Bermuda Triangle” of laws that...more

Seyfarth Shaw LLP

EEOC Case Filings Plummet:  A Look at the EEOC’s Surprisingly Sluggish FY 2024

Seyfarth Shaw LLP on

Seyfarth Synopsis: Following a handful of sluggish years in terms of EEOC litigation activity, the Commission returned to form by filing 144 merit lawsuits in Fiscal Year 2023. Given that the EEOC finally secured its...more

Littler

Annual Report on EEOC Developments - Fiscal Year 2023

Littler on

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2023 (hereafter “Report”), our thirteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission...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

Davis Wright Tremaine LLP

California Supreme Court Rules Employer's Agent Directly Liable for Violations of State Discrimination Laws

Last week, the California Supreme Court unanimously held that California's Fair Employment and Housing Act ("FEHA") applies not only to employers but also to business entities performing services as agents for employers....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

Chartwell Law

The Chartwell Chronicles: Employment Law

Chartwell Law on

In Episode 14 of The Chartwell Chronicles, host Colin Davis is joined by special guest Barret Albritton to discuss employment law. Topics of discussion include wrongful termination lawsuits, ADA violations, workers'...more

Manatt, Phelps & Phillips, LLP

EEOC, DOJ Release AI Guidance

To avoid running afoul of the Americans with Disabilities Act (ADA), the Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) recently released guidance to help employers using artificial...more

Proskauer - Law and the Workplace

7th Circuit: Actual Denial of Leave Not Necessary for FMLA Interference Claim

On June 1, 2022, the Seventh Circuit reversed the entry of summary judgment on a Family and Medical Leave Act (“FMLA”) claim, holding that an actual denial of an employee’s FMLA leave request is not necessary to constitute an...more

Dechert LLP

ADA Ex Machina: The EEOC Issues Guidance on the ADA and the Use of Artificial Intelligence in Making Employment Decisions

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Background - The United States Equal Employment Opportunity Commission (EEOC) on May 12, 2022, issued a series of questions and answers that address how employer use of artificial intelligence (AI), algorithms, and...more

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

Beltway Buzz - May 2022

EEOC, DOJ Issue Guidance on AI in the Workplace. - On May 12, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) each issued guidance documents addressing potential...more

DirectEmployers Association

OFCCP Week In Review: February 2022 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Littler

Fifth Circuit Reverses Denial of Preliminary Injunction in Vaccine Mandate Case

Littler on

While the issue of whether private employers can legally enforce vaccine mandates among their workforce continues to be challenged across the country, a split panel in the Fifth Circuit is the first appellate court to signal...more

ArentFox Schiff

EEOC Addresses Retaliation in Updated COVID-19 Technical Assistance 

ArentFox Schiff on

Last week, the EEOC again updated its COVID-19 technical assistance; this time, to include more information about employer retaliation in pandemic-related employment situations. The update explains and clarifies the...more

Constangy, Brooks, Smith & Prophete, LLP

Florida Governor Signs Anti-Mandate Legislation

Last Thursday, Gov. Ron DeSantis (R) signed sweeping legislation designed to protect private and public sector employees from losing their jobs due to COVID-19 vaccination mandates, as well as to protect the rights of...more

McGlinchey Stafford

[Webinar] Delta Deja Vu - What do we need to do now? - August 26th, 11:00 am CT

McGlinchey Stafford on

The Delta variant of COVID-19 is wreaking havoc on businesses nationwide. Clients are contacting us daily with urgent questions as to how to deal with Delta and its impact on operations. As we ride the Delta wave, we...more

Poyner Spruill LLP

Fourth Circuit Issues Decision Favorable to Employer on ADA Accommodation

Poyner Spruill LLP on

The Americans with Disabilities Act (ADA) generally prohibits covered employers from discriminating against employees or applicants on the basis of disability. One form of such discrimination is failing to provide reasonable...more

Cozen O'Connor

Circuit Court of Appeals Upholds Dismissal of ADA Lawsuit for Failure to Exhaust Administrative Remedies

Cozen O'Connor on

In a 2-1 decision, a panel of the Third Circuit Court of Appeals upheld the dismissal of a retaliation suit under the ADA, where the claim was not included in, and did not relate to, the plaintiff’s original administrative...more

Cozen O'Connor

State AGs Intensify Focus on Employee Rights in the Pandemic

Cozen O'Connor on

The Covid-19 pandemic has caused state attorneys general to accelerate their workplace enforcement efforts and is reshaping the issues businesses must consider to avoid regulatory risk. Cozen O’Connor partners Maria Colsey...more

Cranfill Sumner LLP

What is a Disability Under the Americans With Disabilities Act

Cranfill Sumner LLP on

The Americans with Disabilities Act (the “ADA”) seeks to eliminate unwarranted discrimination against disabled individuals in order to guarantee those individuals equal opportunities and to provide the United States with the...more

Jones Day

COVID-19 Raises Various Employment Practices Liability Insurance Considerations

Jones Day on

The Situation: Employers face an increased risk of COVID-19-related employment practices liability ("EPL") claims as more employees return to the workplace while the virus continues to spread in many states and cities. The...more

Jackson Lewis P.C.

What Manufacturers Should Know About The EEOC

Jackson Lewis P.C. on

The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against an employee or a job applicant based on membership in protected classes. The agency has...more

Rumberger | Kirk

A Look at Covid-19 Litigation and Key Considerations to Mitigate Potential Litigation

Rumberger | Kirk on

Since March 2020, approximately 4,219 Covid-19 related cases have been filed across the United States, including: 1,004 Insurance Related Cases... 716 Prisoner/Habeas Corpus Cases... 538 Civil Rights Cases... 415 Labor and...more

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