The right to communicate with the Equal Employment Opportunity Commission (EEOC) is protected by federal law. In fact, the EEOC’s Strategic Enforcement Plan identifies “preserving access to the legal system” as one of its six...more
A diabetic employee who quit her job in response to her employer’s rejection of her suggested “reasonable accommodation” cannot support claims under the Americans with Disabilities Act (ADA), according to the First Circuit...more
To prevail on a claim of retaliation under federal law, an employee must prove that he or she engaged in a “protected activity” under an antidiscrimination statute and subsequently suffered an adverse employment action. In...more
Earlier this month, the U.S. District Court for the Northern District of Illinois denied a motion to dismiss a claim filed by the Equal Employment Opportunity Commission (EEOC) on behalf of a class of individuals challenging...more
Employers often associate a lack of integrity with counterproductive workplace behaviors, including theft and workplace violence. As a result, employers may be tempted to subject employees and applicants to so-called...more
In an unpublished opinion, the Sixth Circuit Court of Appeals recently held that an employee who was unable to complete the functions of her job while on part-time duty could not subsequently claim that ongoing part-time work...more
A federal district court has recently ruled that a night-shift emergency dispatcher with diabetes and hypertension, whose doctor stated that his health would be improved by working day shifts, could proceed on his claim that...more
In a case that underscores the inherent difficulty of implementing the Americans with Disabilities Act (ADA) in situations involving workplace safety issues, a federal district court in Connecticut determined that an...more
A federal court in Pennsylvania recently dismissed a lawsuit filed by a female newspaper page designer who claimed that she was laid off because of her gender and her deafness in one ear. Mengel v. Reading Eagle Company, No....more
Is being licensed to drive a commercial vehicle an “essential function” of a warehouse manager’s position, even though that manager rarely is required to drive? According to the Eighth Circuit Court of Appeals, that answer...more
Employers often assign light duty to employees who are returning to work after recuperating from illnesses or injuries. The Seventh Circuit Court of Appeals has held, however, that neither the Family and Medical Leave Act...more
In an unpublished opinion, the Sixth Circuit Court of Appeals recently upheld the dismissal of a case in favor of an employer who refused to convert a temporary light-duty position into a permanent job for a disabled...more
The Sixth Circuit Court of Appeals recently addressed an issue of first impression, holding that the ability to hear is not necessarily an “essential function” of the job of lifeguard. Keith v. County of Oakland, No. 11-2276...more
Neither Title VII of the Civil Rights Act nor the Americans with Disabilities Act (ADA) specifically prohibits discrimination against individuals who may be victims of domestic or dating violence, sexual assault, or stalking....more
The 8th U.S. Circuit Court of Appeals recently addressed an issue of concern frequently raised by employers: whether allowing an employee to move from rotating shifts to straight daytime work is a required “reasonable...more
An issue that confounds employers on a regular basis is whether the discharge of an employee who is unable to return to work after a medical leave will violate the American with Disabilities Act (ADA). Most employers...more