News & Analysis as of

Americans with Disabilities Act (ADA) PTSD

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

Eleventh Circuit Upholds Ruling for Employer on ADA Claims Where Employee Submitted Noncompliant Return-to-Work Letter

On February 7, 2024, in Jones v. Georgia Ports Authority, the U.S. Court of Appeals for the Eleventh Circuit affirmed a district court’s grant of summary judgment for an employer where a former employee who requested an...more

Parker Poe Adams & Bernstein LLP

Employee's PTSD Diagnosis May Excuse Violation of Disciplinary Policies

The Americans with Disabilities Act does not require employers to ignore or excuse serious violations of their rules of conduct. For example, an employee who brings a weapon to work in violation of the employer’s policy...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues the Princess Martha, Llc and TJM Properties, Inc. for Disability Discrimination

Senior Living Residence Revoked Applicant’s Job Offer After Her Legally-Prescribed Medications Prevented Her From Passing a Required Drug Test - St. Petersburg, Fla. – The Princess Martha, an upscale senior living...more

Cozen O'Connor

Accommodation vs Personal Benefit: Federal Court Weighs In

Cozen O'Connor on

In Hopman v. Union Pacific Railroad, the U.S. District Court for the Eastern District of Arkansas considered whether working without mental or psychological pain constituted a “benefit or privilege of employment” warranting a...more

Rivkin Radler LLP

Employment Law Reporter Spring 2022

Rivkin Radler LLP on

Here is what we cover in this issue of Employment Law Reporter Spring 2022: •The U.S. District Court for the Western District of New York has granted the defendant’s motion in an employment discrimination lawsuit brought...more

Amundsen Davis LLC

Happy Memorial Day! A Quick Guide For Affirmative Action Programs For Hiring Veterans With Disabilities

Amundsen Davis LLC on

With the upcoming Memorial Day holiday offering an opportunity to acknowledge and appreciate the sacrifice made by military families, it seemed a fitting time to revisit the legal nuances of providing preference in hiring...more

Seyfarth Shaw LLP

Firefighter’s Federal Disability Claims Based on Pot Use Snuffed Out by Connecticut District Court

Seyfarth Shaw LLP on

Big Takeaways - Recently, when dismissing a former employee’s claims brought under the Americans with Disabilities Act (ADA), the District of Connecticut issued two welcome reminders to employers. First, to set out an ADA...more

Sherman & Howard L.L.C.

Ninth Circuit Benchslaps EEOC’s Perplexing ADA Position Shif

The Ninth Circuit Court of Appeals recently held that an employer may use after-acquired evidence to demonstrate that an employee is not qualified and therefore is not entitled to ADA protection. Anthony v. TRAX International...more

Fisher Phillips

Veterans Turned Away Because Of Service Animals: Lessons You Can Learn

Fisher Phillips on

The United States Department of Justice (DOJ) recently announced settlements with two hotel properties to resolve complaints under Title III of the Americans with Disabilities Act (ADA) involving service animals. In both...more

Jackson Lewis P.C.

Plaintiff With PTSD Not Disabled Under The ADA, Sixth Circuit Rules

Jackson Lewis P.C. on

The Sixth Circuit’s ruling in Tinsley v. Caterpillar Fin. Servs., Corp., No. 18-5303 (6th Cir. Mar. 20, 2019) is a good reminder that not all impairments rise to the level of a “disability” within the meaning of the Americans...more

Parker Poe Adams & Bernstein LLP

Ability to Work Rotating Shifts Considered Essential Job Function

When a current employee develops a disabling medical condition, employers are frequently faced with Americans with Disabilities Act accommodation requests that would fundamentally alter the way that the job has been...more

McAfee & Taft

Firefighter loses lawsuit over confidentiality provisions of ADA

McAfee & Taft on

In an opinion handed down on February 7, 2018, the federal court of appeals that applies to Oklahoma ruled in favor of an employer in a lawsuit over the confidentiality provisions of the Americans with Disabilities Act (ADA)....more

Parker Poe Adams & Bernstein LLP

Extended Consideration of Accommodation Request OK in Unusual Circumstances

Employers understand their obligation to engage in an interactive process to address accommodation requests made by disabled employees. How long does the employer have to reach a conclusion with regard to the accommodation...more

Epstein Becker & Green

With Charges of Discrimination Based on Mental Health Conditions on the Rise, EEOC Releases New Guidance on Employees’ ADA Rights

On December 12, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued a new resource document emphasizing that, under the Americans with Disabilities Act of 1990 (“ADA”), job applicants and employees with mental...more

Littler

When Tragedy Strikes: How Employers Can Assist Employees Affected by Mass Shootings and Disasters

Littler on

In the early morning hours of June 12, 2016, 49 innocent people lost their lives in a mass shooting in the Pulse nightclub in Orlando, Florida. This mass shooting, the deadliest in U.S. history, has left the City of Orlando...more

Seyfarth Shaw LLP

Honoring Our Veterans: The Employers Guide To Military-Veteran Employees

Seyfarth Shaw LLP on

Veterans Day, which initially was conceived as a day to commemorate the end of World War I, has evolved into an annual celebration to honor those who have served in the U.S. Armed Forces. On Veterans Day we self-reflect...more

Manatt, Phelps & Phillips, LLP

Employment Law - October 2015 #3

New California Employment Laws on Fair Pay, Waiver of Meal Periods - Why it matters: California continues its focus on employment-related legislation. Touted as the toughest law of its kind in the nation, Senate...more

Hinshaw & Culbertson LLP

How not to handle a Reservist with PTSD: Volvo Dismisses Army Reservist in violation of USERRA and the ADA

Hinshaw & Culbertson LLP on

This week, Volvo said it would "take the blame if one of its self-driving cars crashes," but it's also taking the blame for dismissing an Army Reservist who deployed twice during the six years she worked for Volvo. This case...more

Orrick - Employment Law and Litigation

“Reporting for Duty”: Employers May Face Extended Obligations to Reemploy Veterans with Post-Traumatic Stress Disorder under...

The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. §§ 4301–4335, not only prohibits discrimination against employees and potential employees based on their military service, it also...more

Franczek P.C.

Employer Fails to Provide Leave of Absence to Probationary Employee, Pays the Price

Franczek P.C. on

Adam was a maintenance technician for EZEFLOW, a company which manufactures pipe fittings.  He also was a marine corps veteran who served in both Iraq and Afghanistan. Upon his discharge from the marines, Adam started his...more

Mintz - Employment, Labor & Benefits...

A Lesson on the ADA: Engaging in Good Faith in the Interactive Process is Essential

Understanding the mandates of the Americans with Disabilities Act and similar state and local laws is easy: employers cannot discriminate against individuals with disabilities. However, navigating the reasonable accommodation...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues EZEFLOW USA for Disability Discrimination

Pipe Fittings Manufacturer Fired a Veteran With PTSD Instead of Giving Him Brief Unpaid Medical Leave as a Reasonable Accommodation, Federal Agency Says - PITTSBURGH - EZEFLOW USA, a pipe fittings manufacturer,...more

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