News & Analysis as of

Americans with Disabilities Act (ADA) Reversal Reasonable Accommodation

Parker Poe Adams & Bernstein LLP

Admission That Business Unit Was Closed Due to Employee's Disability Precludes Dismissal of ADA Claim

When advising employers about the legal risks associated with a business reorganization, we generally advise that discrimination claims are less likely when a company closes an entire facility or department as compared to...more

Parker Poe Adams & Bernstein LLP

Another Federal Appeals Court Rules Employers Have Duty to Accommodate an Employee's Commute in Some Circumstances

The Americans with Disabilities Act requires employers to provide reasonable accommodations that allow disabled employees to perform the essential functions of their jobs. Over the years, federal appellate courts have reached...more

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

Fifth Circuit Weighs in for the First Time Since COVID-19 as to When Remote Work Can Be Reasonable Accommodation

Fifth Circuit precedent recognizes the “general consensus among courts” that regular, in-person work is an essential function of most jobs. Yet the continued viability of this premise has been in question, given the ability...more

Bradley Arant Boult Cummings LLP

Interpretation of an Interpreter Request? 11th Circuit Weighs in on Accommodation of Deaf Employee

Your employee requests a reasonable accommodation under the Americans with Disabilities Act (ADA) but you refuse to grant it. If the employee continues to perform their job, can the employee still sue you for refusing the...more

Butler Snow LLP

6th Circuit Reinstates Failure-to-Accommodate Claim Against Employer That Terminated Employee With Outstanding Leave Request

Butler Snow LLP on

Once an employee requests an accommodation, the employer has a duty to engage in an “interactive process” to try to determine whether the employer can accommodate the employee’s disability...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

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Transferring an Employee Is ADA Accommodation of Last Resort

If disabled employees are no longer able to perform the essential functions of their job even with reasonable accommodation, under the Americans with Disabilities Act the employer must consider transferring the workers to an...more

Parker Poe Adams & Bernstein LLP

Failure to Accommodate Supports Employee's Claim Even Without Adverse Action

The Americans with Disabilities Act requires employers to provide reasonable accommodations to employees with protected disabilities. Another part of the ADA requires employers to refrain from discriminating against disabled...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Reminds Employers to Consider Transfers as ADA Accommodations

In order to claim discrimination under the Americans with Disabilities Act, employees must demonstrate that they could perform the essential functions of the job but were denied a reasonable accommodation. Some employers...more

Bradley Arant Boult Cummings LLP

Doctor, Doctor: Fourth Circuit Allows Case to Proceed on Employee Medical Exam

When can you send an employee for a medical exam? In EEOC v. McLeod Health, Inc., the Fourth Circuit recently provided some guidance and allowed a plaintiff’s claim for an illegal medical exam to proceed to the jury despite...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Sets Low Bar for Employee to Challenge Medical Exam Requirement

According to the Americans with Disabilities Act, employers may only require employees to submit to medical exams or inquiries when there is a business necessity for determining the employee’s ability to perform the essential...more

Littler

Sixth Circuit Rejects Argument that Full-Time Job Requires Full-Time Hours in ADA Failure to Accommodate Case

Littler on

Holding that full-time presence at the workplace is not always an essential job function, on July 17, 2018, the U.S. Court of Appeals for the Sixth Circuit reversed summary judgment in favor of the employer in an Americans...more

Parker Poe Adams & Bernstein LLP

Employer's Unilateral Assertion of Need for Full-Time Work Insufficient to Dismiss ADA Claim

Employees seeking accommodations for medical conditions under the Americans with Disabilities Act often request modified work schedules. In some cases, the employee presents medical information indicating an ability only to...more

Bradley Arant Boult Cummings LLP

Point for the (Work from) Home Team? Sixth Circuit Says Attendance at Work Not Automatically an Essential Work Function

“You have to show up for work—it’s a part of your job.” Attendance at the workplace is an essential work function in an ADA case. But is it really anymore? With technology, some would argue that many jobs can be done from...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

Holland & Knight LLP on

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Burr & Forman

Early thoughts on this Supreme Court term

Burr & Forman on

We are about midway through the 2017-18 term of the U.S. Supreme Court. One case the Court has already decided and another it refused to take up provide some insight on how the Court has handled employment cases it has been...more

Cozen O'Connor

I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class

Cozen O'Connor on

This episode discusses kneeling in the NFL/workplace, indefinite leave entitlement, and sufficient consideration for non-competes, provides an update from DC on OT exemptions and class action waivers, and questions whether...more

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

The Eighth Circuit & the ADA, Part II: Must a Request for Accommodation be Explicit?

In contrast to Parker v. Crete Carrier Corporation, et al, in Kowitz v. Trinity Health, et al, No. 15-1584 (October 17, 2016), a split panel of the Eighth Circuit Court of Appeals reversed summary judgment for an employer on...more

Seyfarth Shaw LLP

Fifth Circuit Flips Grant Of Summary Judgment Against EEOC in ADA Case

Seyfarth Shaw LLP on

Seyfarth Synopsis: In an ADA action regarding disability discrimination, the Fifth Circuit reversed a District Court’s grant of summary judgment in favor of the employer and against the EEOC, noting that even though the...more

Miller Canfield

6th Circuit Provides Road Map for ADA Accommodation Cases

Miller Canfield on

A recent Sixth Circuit Court of Appeals case provides employers with a great example of how to evaluate accommodation requests under the Americans with Disabilities Act (ADA). In EEOC v. Ford Motor Co., a case which...more

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