Job Description Mistakes You Don’t Want to Make
Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to disabled workers, but not necessarily the accommodation favored by the employee. ...more
The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more
It is well settled that when requesting reasonable accommodation under the Americans with Disabilities Act (ADA), employees are not required to use the words “ADA,” “reasonable accommodation,” “disability,” or any other...more
Considering the termination of a high school teacher who underwent hip surgery and the refusal of a hospital to allow a nursing student’s service dog, the U.S. Court of Appeals, First and Sixth Circuits, both affirmed...more
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
In EEOC v. Charter Communications, LLC, the Seventh Circuit Court of Appeals recently held an employee with a disability may be entitled to an Americans with Disabilities Act (ADA) accommodation to get to work when attendance...more
The U.S. Court of Appeals for the Eleventh Circuit, in Beasley v. O’Reilly Auto Parts, recently held that a claim for failure-to-accommodate under the Americans with Disability Act (ADA) must include an adverse employment...more
Under the Americans with Disabilities Act (ADA), “[n]o covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge...more
Mental health issues in the workplace are at an all-time high. And with those issues come a slew of accommodation requests ranging from continued work from home to removal of stressful job duties to not appearing on camera...more
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
On May 24, 2023, the Eleventh Circuit ruled that a failure to accommodate claim under the American with Disabilities Act (“ADA”) is only actionable if the employee establishes that the failure to accommodate negatively...more
A recent opinion by the Sixth Circuit Court of Appeals (“Sixth Circuit” or “Court”), Hrdlicka v. General Motors (March 23, 2023), confirmed that an employee must sufficiently alert their employer of the need for a reasonable...more
Employers sometimes face difficult decisions after learning of an employee’s disability. What if you learn of a disability after ongoing repeated employment deficiencies or even after a disciplinary or discharge decision...more
Employee medical leave issues involving rights under the Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA) present some of the most complex and dangerous legal situations for employees. Employers...more
Seyfarth Synopsis: In a wide-ranging opinion on pivotal ADA and EEOC jurisdictional issues, the U.S. District Court for the Eastern District of Pennsylvania in EEOC v. Geisinger Health, et al. called mostly strikes against...more
At one time or another, one of your employees may have had a serious health condition resulting in multiple absences, followed by a release to return to work with restrictions that you believed prevented the employee from...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
While employers are excited to see many of their employees return to work following prolonged absences due to the pandemic, one unfortunate consequence is that disability discrimination and failure-to-accommodate claims are...more
Seyfarth Synopsis: The New Jersey Supreme Court held that a plaintiff need not plead an adverse employment action such as a termination or demotion to establish a prima facie case of failure to accommodate a disability under...more
The litigation fallout against employers over COVID-19-related issues is starting to take shape in California – and there has been a definitive uptick in cases alleging the employer is not accommodating physical and/or mental...more
The Tenth Circuit recently held that a disabled employee was not required to show that she suffered a separate adverse employment action to establish a failure to accommodate claim under the American’s with Disabilities Act...more
To prove that an employer failed to accommodate an employee’s disability in violation of the Americans With Disabilities Act, an employee alleging disability bias does not need to show that the employer fired them or took a...more
Seyfarth Synopsis: In Flaherty v. Entergy Nuclear Operations, Inc., ___ F.3d ___, No. 18-1759, 2019 WL 7046367, at *1 (1st Cir. Dec. 23, 2019), the First Circuit struck a terminated nuclear plant security officer’s...more
The retail setting is a particularly difficult one in which to make accommodations. This is because retail employees engage in a host of different duties that require all manner of physical activities. Those who are...more
In his classic 1998 business book “Who Moved my Cheese?,” Spencer Johnson discussed the need for businesses and employees to focus on the need to adapt to changes in their industries. In our practice, we frequently see claims...more