News & Analysis as of

Americans with Disabilities Act (ADA) Wrongful Termination

Tucker Arensberg, P.C.

Can an Employee Be Eligible for Medical Leave Even if FMLA and PTO Leave Isn’t Available?

Tucker Arensberg, P.C. on

When employers think of “medical leave,” most minds understandably jump to the Family Medical Leave Act (FMLA) or time off that employees may be entitled to under company-provided policies (sick leave, vacation, PTO, etc.)....more

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

Fourth Circuit Issues Opinion Regarding Hemp-Derived (Delta-9) Products in Case Involving ADA Claims

On September 4, 2024, the Fourth Circuit Court of Appeals, in Anderson v. Diamondback Investment Group, LLC, ruled on whether a former employee’s use of lawful hemp-derived products containing delta-9-tetrahydrocannabinol...more

Parker Poe Adams & Bernstein LLP

Third Circuit Says Temporary Impairment Qualifies as ADA Disability

Last month, we reported on a decision from the Sixth Circuit Court of Appeals (which includes Tennessee) concluding that an employee’s asthma did not constitute a protected disability under the Americans with Disabilities...more

Genova Burns LLC

Reminder To Employers: Even Temporary Impairments Can Be A Disability Under The Law

Genova Burns LLC on

Last week’s decision by the Third Circuit Court of Appeals, Morgan v. Allison Crane & Rigging LLC, stands as a reminder to employers to exercise caution in how they navigate accommodating employees with temporary medical...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Alto Ingredients for Disability Discrimination

Federal Agency Charges Manufacturer Terminated Electrician Because of his Disability - CHICAGO – Alto Ingredients, Inc., a manufacturer of industrial and food-grade, corn-based alcohols, violated the Americans with...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues All Day Medical Care Clinic for Discriminating Against Employee for Not Disclosing Disability During Job Interview

Maryland Health Care Provider Terminated Employee with Vision Impairments for Requesting Reasonable Accommodation on First Day of Work - BALTIMORE – All Day Medical Care Clinic, LLC, which operates five medical clinics in...more

White and Williams LLP

The MCAD’s Fiscal Year 2023 Report: Everything Employers Need to Know

White and Williams LLP on

The Massachusetts Commission Against Discrimination (“MCAD” or “Commission”) has released its Fiscal Year 2023 (“FY23”) Annual Report, which highlights the strides the Commission has made over the last fiscal year toward...more

Parker Poe Adams & Bernstein LLP

EEOC Settles Claim That Worker Suffering From Depression Was Fired Over Safety Concerns

As we have previously covered in EmployNews, companies are facing an increasing number of accommodation requests and claims from employees who allege they were discriminated against based on mental issues. Many of these...more

Seyfarth Shaw LLP

Tenth Circuit Highlights Limits on Employers Defining Essential Functions of a Position

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit Court of Appeals reversed a summary judgment award on an employee’s failure-to-accommodate claim. The Court’s decision focused on the employer’s improperly narrow delineation of the...more

Dunlap Bennett & Ludwig PLLC

Common Misconceptions About Virginia Termination Laws

Navigating the intricate landscape of employment laws and regulations can be daunting, and Virginia’s termination laws are no exception. We often encounter clients with various misconceptions about the laws governing...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

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

Jackson Lewis P.C.

North Carolina Court Dismisses Employee’s Disability Suit Over Lawful Use of CBD

Jackson Lewis P.C. on

A North Carolina federal court dismissed a former employee’s legal claims related to her use of CBD outside of work after she tested positive for marijuana and was fired by her employer. The employer had a drug testing...more

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

Excusing False Positive Drug Test Caused by CBD Use May Be a Reasonable Accommodation, Says U.S. District Court in Louisiana

A federal district court in Louisiana, in Huber v. Blue Cross & Blue Shield of Florida, Inc., recently denied an employer’s motion for summary judgment in an Americans with Disabilities Act (ADA) and Louisiana Employment...more

Stokes Wagner

Under the ADA, Mental Illness is Illness too

Stokes Wagner on

A recent EEOC case involving an executive who was fired after having an episode of depression underlines the importance of accommodating mental disabilities under the Americans with Disabilities Act (“ADA”). In Equal...more

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

Consistently Inconsistent: An Example of Shifting Reasons for Employment Termination Precluding Summary Judgment

The U.S. District Court for the Western District of Texas recently denied an employer’s motion for summary judgment when its alleged shifting reasons for terminating the plaintiff’s employment contract raised genuine issues...more

Bricker Graydon LLP

U.S. District Court dismisses challenge to hospital’s employee vaccine mandate

Bricker Graydon LLP on

On April 1, 2021, Houston Methodist Hospital announced that all of its employees would be required to be vaccinated against COVID-19 by June 7, 2021, but that it would provide accommodations to any employee with disability...more

Amundsen Davis LLC

Yes, Your Employer Can Require You To Be Vaccinated, According To A Federal Judge In Texas

Amundsen Davis LLC on

A federal judge in Texas on June 12, 2021 dismissed a lawsuit brought by Texas health care workers challenging their hospital’s COVID-19 vaccine mandate. The scathing opinion by U.S. District Judge Lynn N. Hughes left no...more

Cole Schotz

EEOC Updates Workplace COVID-19 Vaccination Guidance For Employers

Cole Schotz on

On May 28, 2021, the Equal Employment Opportunity Commission (“EEOC”) issued updated guidance regarding workplace COVID-19 vaccination policies and employee accommodations (the “Updated Guidance”). Among other issues, the...more

Husch Blackwell LLP

First Lawsuit Filed Challenging Private Employer-Mandated COVID-19 Vaccine

Husch Blackwell LLP on

On May 28, 2021, 117 unvaccinated nonmanagerial employees from Houston Methodist Hospital filed a lawsuit to challenge the hospital’s vaccine mandate in Jennifer Bridges et al. v The Methodist Hospital. This appears to be the...more

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

COVID-19–Related Employment Litigation: How It Started...How It’s Going

Over 2,500 COVID-19–related employment lawsuits were filed in the United States in 2020. Ogletree Deakins’ Interactive COVID-19 Litigation Tracker highlights the industries impacted, locations, and types of claims in these...more

McDermott Will & Emery

COVID-19 Vaccine FAQs for Employers

McDermott Will & Emery on

Yes, an employer can implement a mandatory COVID-19 vaccination policy, subject to some conditions and exceptions. A mandatory vaccine policy must be job-related, consistent with business necessity or justified by a direct...more

Jaburg Wilk

Everything Employers and Employees Need to Know When an Employee Feels Unsafe Returning to Work Due to COVID

Jaburg Wilk on

Many employees are concerned about returning to work due to COVID-19. Employers need to be prepared for their employee’s requests. They will want to treat their employees fairly and also minimize their liability. There are...more

Husch Blackwell LLP

SCOTUS Decision Impacts Discrimination Claims Against Religious Employers

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Key Points •The ministerial exception protects religious employers from government interference in internal employment disputes involving the selection, supervision, and removal of individuals who play an important role...more

Dechert LLP

The U.S. Supreme Court Expands the Ministerial Exception

Dechert LLP on

On July 8, 2020, in a 7–2 decision, the U.S. Supreme Court in Our Lady of Guadalupe School v. Morrissey-Berru expanded the “ministerial exception,” which allows religious organizations to avoid federal anti-discrimination...more

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