News & Analysis as of

Disability Discrimination Workplace Injury

McAfee & Taft

Sheriff ok to fire depressed, intoxicated officer who claimed disability after shooting himself

McAfee & Taft on

A federal appeals court recently upheld the firing of a law enforcement officer who intentionally shot himself while on duty and intoxicated. The decision reinforces an employer’s right to apply performance and conduct...more

Carlton Fields

Seventh Circuit Affirms District Court’s Order Denying Application to Vacate Arbitration Award

Carlton Fields on

Donald Kinsella was an employee of defendant Baker Hughes Oilfield Operations LLC. In June 2013, he suffered a work-related injury resulting in his disability and receipt of disability benefits for three years. Baker Hughes’...more

Akerman LLP - HR Defense

A Reminder of Employer Obligations to Service Members

A recent U.S. Supreme Court decision serves as a reminder that employers must not overlook their obligations to reemploy returning service members and accommodate service-related disabilities....more

Faegre Drinker Biddle & Reath LLP

State & Local Employment Law Developments: Q1 2021

The year 2021 continues the trend of increasing regulation of the workplace by state and local governments. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and...more

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

First Circuit Weighs in on ADA’s ‘Single Integrated Employer’ Test and Reckless Indifference Standard for Punitive Damages

In Burnett v. Ocean Properties, Ltd., et al., the First Circuit Court of Appeals upheld a jury verdict for the plaintiff in his failure to accommodate claim under the Americans with Disabilities Act (ADA) and the Maine Human...more

U.S. Equal Employment Opportunity Commission...

Aspire Health Partners to Pay $115,000 to Settle EEOC Disability Discrimination Lawsuit

Behavioral Health Care Organization Failed to Hire Former Employee Due to Her Prior Workplace Injury, Federal Agency Charged - TAMPA, Fla. – Aspire Health Partners, a non-profit behavioral health care organization...more

U.S. Equal Employment Opportunity Commission...

Aspire Health Partners Sued by EEOC for Disability Discrimination

Behavioral Health Care Organization Refused to Hire Former Employee Due to Her Prior Workplace Injury, Federal Agency Charges - TAMPA, Fla. – Aspire Health Partners, a non-profit behavioral healthcare organization...more

Burr & Forman

11th Circuit Clean Sweep for Pilgrim's Pride Corporation on FMLA and ADA Claims Due to Alleged Repetitive Injury

Burr & Forman on

On June 1, 2020, the Eleventh Circuit Court of Appeals entered an unpublished, per curiam decision affirming the grant of summary judgment in the U.S. District Court for the Middle District of Florida, Jacksonville division...more

Robinson+Cole Manufacturing Law Blog

Legal Pot = Manufacturing Storm Clouds (the Refrain)

A few months back, I posted some thoughts about recent efforts to legalize medical and recreational marijuana, with an emphasis on the potential issues such laws would have on manufacturers – particularly manufacturers in a...more

Seyfarth Shaw LLP

National Safety Council Endorses Zero Tolerance Prohibition on Cannabis/Marijuana for Safety-Sensitive Employees

Seyfarth Shaw LLP on

Seyfarth Synopsis: The National Safety Council released a policy statement endorsing employer zero-tolerance policies for cannabis use for employees who work in safety-sensitive positions, explaining that no level of cannabis...more

Littler

Littler Global Guide - Denmark - Q2 2019

Littler on

Amendments to Concept of Industrial Accidents to Cover “Temporary” Injuries - New Legislation Enacted - The Danish Parliament recently amended the Danish Workers’ Compensation Act for the purpose of, among other things,...more

McAfee & Taft

Workers’ Comp Commission declared rightful forum for related discrimination and retaliation claims

McAfee & Taft on

On May 21, 2019, the Oklahoma Supreme Court issued a long-awaited decision that is good news for employers and, at least for now, finally makes clear there is only one path for filing workers’ compensation-based...more

U.S. Equal Employment Opportunity Commission...

Universal Diversified to Pay $30,000 to Settle EEOC Disability Discrimination Lawsuit

Sheet Metal Company Fired Employee After He Lost One Eye, Federal Agency Charged - MIAMI - Universal Diversified Enterprises, Inc. and Universal Diversified Solutions LLC, Miami-based sheet metal fabrication and...more

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

Minnesota Supreme Court Expands and Contracts Human Rights Act Coverage in Two Decisions on Disability Discrimination

The Minnesota Supreme Court recently issued two decisions affecting employers in the state. In one, the high court overruled a 30-year-old precedent that excluded disabilities covered by the Minnesota Workers’ Compensation...more

Foley & Lardner LLP

Managing the Interplay Between the ADA, FMLA and WC

Foley & Lardner LLP on

The following description may seem quite familiar to those who deal with employee issues on a daily basis. Your employee, who has a physically demanding job on the factory floor, has been out on leave for an injury that he...more

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

The Heavy Burden of Light Duty in California: Court Assesses Multi-Million Dollar Disability Award

Many employers offer light duty programs to employees who are temporarily disabled. Reasonable accommodation obligations imposed by California’s Fair Employment and Housing Act (FEHA) may come into play when administering...more

Proskauer - California Employment Law

“100% Healed From Injury” Policies May Violate the CA Fair Employment and Housing Act

The California Department of Fair Employment and Housing (“DFEH”) recently obtained a settlement on behalf of a custodian for a school district who was fired after an on-the-job injury. As part of the settlement, the...more

Ballard Spahr LLP

Labor and Employment Regulations Potentially Affected by Trump Regulatory Freeze

Ballard Spahr LLP on

The Trump administration's "Regulatory Freeze Pending Review" (Freeze Memo) instructs the heads of federal executive departments and agencies to send no regulation to the Office of Federal Register (OFR) until a presidential...more

Littler

With the Election (Mercifully) Behind Us, What Will a Trump Administration Mean for Employers?

Littler on

The 2016 Presidential election was arguably the most contentious, unpredictable, and politically polarizing race in this nation's history. The contours of the electoral map changed by the hour in the days leading up to...more

Seyfarth Shaw LLP

Wearable Device Data: The Next Big Thing for Employment Litigation Cases

Seyfarth Shaw LLP on

Wearable device data may be the next big thing in the world of evidence for employment cases since social media. Given that it has already been used in personal injury and criminal cases, it is only a matter of time before...more

Zelle  LLP

Employment Law Navigator – Week in Review: September 2016 #2

Zelle LLP on

Last week, as we learned that the CIA has invested in another Big Data analytics startup, new headlines and commentary addressed the dangers of hidden bias in technology. LinkedIn changed its search algorithm after the...more

Manatt, Phelps & Phillips, LLP

Employment Law - June 2016

OSHA's Electronic Submission Rule Finalized - Why it matters - Three years in the making, the Occupational Health and Safety Administration (OSHA) finalized a new rule mandating the electronic submission of injury...more

K&L Gates LLP

The Danger of Assumptions When Dealing With Ill and Injured Employees

K&L Gates LLP on

A recent decision made by the Federal Circuit Court (Court) provides a timely reminder of the need to take care when making decisions about the ongoing employment and duties of ill and injured employees. The decision also...more

Proskauer - California Employment Law

Disability Discrimination Claims Were Properly Dismissed On Summary Judgment

Tony Nealy worked as a solid waste equipment operator for the City of Santa Monica before injuring his knee in July 2003 while moving a large bin full of food waste. Nealy was temporarily totally disabled due to the injury...more

Proskauer Rose LLP

California Employment Law Notes - March 2015

Proskauer Rose LLP on

Employee Who Was Working Elsewhere During Medical Leave Of Absence Was Properly Terminated - Richey v. AutoNation, Inc., 182 Cal. Rptr. 3d 644 (Cal. S. Ct. 2015). Avery Richey worked for Power Toyota Cerritos,...more

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