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Americans with Disabilities Act (ADA) › Motion for Summary Judgment

Proskauer - California Employment Law

Employee Who Wanted To Donate/Freeze Her Eggs Was Not Protected By Pregnancy Statute

Proskauer - California Employment Law on

Erika Paleny alleged harassment, discrimination and retaliation after informing her manager that she would be undergoing oocyte retrieval procedures so she could donate and freeze her eggs for her potential use at some...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

Bradley Arant Boult Cummings LLP

Is the Boss Right? Seventh Circuit Looks at Employer Judgment on ADA Claim

Bradley Arant Boult Cummings LLP on

How far does an employer’s judgment about essential functions take you? In Larry Tate v. Thomas Dart, the Seventh Circuit examined an employee’s claim that his employer’s refusal to promote him because it could not...more

BCLP

California Federal Court Holds Domino’s Website Violates the ADA, Limits Penalties Under Unruh Act to $4,000

BCLP on

A California federal district court has held that the website of Domino’s Pizza violates the ADA, following a long saga that included the Ninth Circuit’s reversal of the district court’s prior dismissal of the case. ...more

Parker Poe Adams & Bernstein LLP

Seventh Circuit Rejects ADA Claim Based on Fear of Future Disabilities

Parker Poe Adams & Bernstein LLP on

The Americans with Disabilities Act prohibits discrimination in employment against persons who are disabled, as well as those regarded as disabled. Last week, the Seventh Circuit Court of Appeals joined other federal courts...more

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

Just Keep Driving: Minnesota Courts Continue to Block ADA Title III “Drive-By” Suits

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

In early 2018, Minnesota federal courts issued two decisions dismissing so-called “drive-by” disability access lawsuits under Title III of the Americans with Disabilities Act (ADA). That trend has continued in 2019. In fact,...more

Seyfarth Shaw LLP

District Court Clarifies That “Disability” Requiring Workplace Accommodation Does Not Entitle Plaintiff to Disability Benefits

Seyfarth Shaw LLP on

Seyfarth Synopsis: A recent case from the Western District of North Carolina contains a helpful example of how the standards applicable to an employee’s request for accommodation of a disability differ from those for...more

McAfee & Taft

Court: Disabled or not, worker must be able to perform essential job functions

McAfee & Taft on

The federal appeals court that covers Oklahoma recently ruled in favor of Walmart in a lawsuit filed by a disabled former employee. Disabled maintenance employee terminated after refusing to clean restrooms - Simone...more

Fisher Phillips

Checking In On GINA: Revisiting the EEOC’s Rules on the Genetic Information Nondiscrimination Act

Fisher Phillips on

On May 16, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued regulations governing the treatment of wellness programs under the Genetic Information Nondiscrimination Act (“GINA”), as well as under the...more

Seyfarth Shaw LLP

Summary Judgment Denied For Employer Who Circulated Letter About Employee’s Disability Discrimination Charge

Seyfarth Shaw LLP on

Seyfarth Synopsis: After an employer circulated a letter to 146 employees discussing an employee’s EEOC Charge that alleged discrimination on the basis of his disability in violation of the ADA, a federal district court in...more

Jackson Lewis P.C.

“Ignorance” May Not Be Bliss: Court Denies Employer’s Motion for Summary Judgment on an ADA Claim

Jackson Lewis P.C. on

In Preeson v. Parkview Medical Center, a federal court in Colorado denied Defendant’s motion for summary dismissal of a claim under the Americans with Disabilities Act (“ADA”). Plaintiff alleged, in relevant part, that her...more

Jackson Lewis P.C.

Employer Will Have to Do Heavy Lifting After Court Denies Motion for Summary Judgment

Jackson Lewis P.C. on

In Crain v. Roseville Rehabilitation and Health Care, the United States District Court for the Central District of Illinois denied an employer’s motion for summary judgment dismissing a claim under the Americans with...more

Foley & Lardner LLP

Allowing an Employee to Work a Shorter Shift May Be a Reasonable Accommodation

Foley & Lardner LLP on

A recent federal district court decision is a good reminder that an employer needs to explore all options before denying an accommodation request, including whether it can go back to an employment practice it has changed and...more

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