News & Analysis as of

Family and Medical Leave Act (FMLA) Disability Discrimination Corporate Counsel

Bradley Arant Boult Cummings LLP

Curse Words and Customer Service: Sixth Circuit Affirms Dismissal of Tourette Syndrome ADA Claim

If an individual’s disability causes involuntary racist or profane utterances, what would a reasonable accommodation under the ADA look like? In Cooper v. Dolgencorp, LLC, the Sixth Circuit faced just such an inquiry....more

Jackson Lewis P.C.

Appellate Court Addresses How Much Information Employee Must Submit to Support an Accommodation Request

Jackson Lewis P.C. on

One of the many difficult issues employers face under the Americans with Disabilities Act (ADA) is determining what information a disabled employee must provide to an employer to trigger the employer’s duty to accommodate a...more

Littler

11th Circuit Finds Employee Conduct May Lead to Termination Even Where the Conduct is the Result of Mental Illness

Littler on

On May 27, 2021, in Todd v. Fayette County School District, a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit affirmed the propriety of a school district’s decision to end a mentally ill...more

Seyfarth Shaw LLP

COVID-19 Employment Litigation Trends Update: Part I

Seyfarth Shaw LLP on

Employees continue to file COVID-19-related lawsuits against their employers at a rapid clip. In July, we identified five categories of cases that seemed to be driving COVID-19 employment litigation: (1) alleged failure to...more

Payne & Fears

Employers Beware: Preparing for the Inevitable Flood of COVID-Related Lawsuits

Payne & Fears on

As states lift their “stay-at-home” orders, employers who have struggled to survive the economic toll of the COVID-19 crisis now face a new threat: uncertain legal liability in a post-COVID market. As we transition away from...more

Seyfarth Shaw LLP

Whew! Fifth Circuit Reinforces Importance of Documenting Performance Issues

Seyfarth Shaw LLP on

Seyfarth Synopsis: In affirming summary judgment in favor of the defendant in an Family and Medical Leave Act (FMLA) interference and retaliation case, the Fifth Circuit reinforced the importance of documenting performance...more

Amundsen Davis LLC

EEOC Consent Decree A Reminder That Attendance Policies Must Have An ADA Escape Valve

Amundsen Davis LLC on

In July the EEOC announced the terms of a consent decree settling claims of systemic disability discrimination against a global metal products manufacturer. Pursuant to the terms of the decree, the employer will pay $1...more

Fisher Phillips

Nevada Employer Pays $3.5 Million To Settle “100-Percent Healed” Claim

Fisher Phillips on

Nevada Employer Pays $3.5 Million To Settle “100-Percent Healed” Claim - Slots chain employer Dotty’s recently agreed to pay $3.5 million to settle litigation alleging its “100-percent-healed” policy discriminates against...more

Seyfarth Shaw LLP

Supreme Court’s Inaction Establishes that Post-FMLA Medical Leave is Not Required Under ADA

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Supreme Court’s decline of a Seventh Circuit appellate decision solidifies that where an employee is medically unable to return to work within a very short time period following a leave of absence,...more

Jackson Lewis P.C.

Donations Not Accepted – ADA Does Not Require Continued Use Of Leave Donation Program

Jackson Lewis P.C. on

Many employers have programs allowing employees to donate their own time off to another employee with serious medical or family issues. A dilemma often faced by employers with these policies is whether continued use of such...more

Littler

Dear Littler: Is an Extended Leave of Absence a Reasonable Accommodation Required by the ADA?

Littler on

Dear Littler: One of our key employees was injured in a serious car accident. She qualified for, and took, a full 12 weeks of leave under the Family and Medical Leave Act (FMLA) to recover. She was supposed to return to work...more

Roetzel & Andress

Does The ADA Require An Employer To Extend A Leave Taken Under The FMLA?

Roetzel & Andress on

Are you an employer who must provide benefits to employees under the Family Medical Leave Act (“FMLA”) because you have had 50 or more employees for at least 20 weeks during the past year? If so, do you sometimes get...more

Seyfarth Shaw LLP

Long-Term Leave Under the ADA May Be Another Step Closer to Becoming a Thing of the Past

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Eleventh Circuit is the next to find a long-term leave of absence is not a reasonable accommodation under the ADA. Just a few months after a recent and definitive decision by the Seventh Circuit...more

Smith Debnam Narron Drake Saintsing & Myers,...

The Leaves Are Falling: Differing Interpretations Of Leave As ADA Accommodation

The United States Equal Employment Opportunity Commission (EEOC) has consistently maintained that leaves of absence should be considered as a form of reasonable accommodation under the Americans with Disabilities Act (ADA)....more

Troutman Pepper

'Honest Belief' of FMLA Misuse May Defeat Claims

Troutman Pepper on

The Third Circuit Court of Appeals (which covers Pennsylvania) recently handed a victory to employers that struggle with employees who misuse Family and Medical Leave Act (FMLA) leave — particularly intermittent FMLA leave. ...more

BCLP

ADA Does Not Require Employers to Provide Multi-Month Leave Beyond Expiration of FMLA Leave – Seventh Circuit

BCLP on

This week the 7th Circuit Court of Appeals issued a decision helpful to employers grappling with whether they must extend an employee’s time off following the expiration of Family and Medical Leave Act (FMLA) leave as a...more

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

The ADA Is Not a Medical Leave Entitlement, Seventh Circuit Declares

Today’s employers must run their businesses within the competitive environment in which they operate while affording employees an ever-increasing array of leaves. Yet, running a business without a full complement of employees...more

Seyfarth Shaw LLP

Fifth Circuit Says Regular Attendance at Work is an Essential Function of Most Jobs

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a recent win for employers, the Fifth Circuit clarified that opened-ended or unlimited requests to work from home are unreasonable under the Americans with Disabilities Act (“ADA”) and may be rejected...more

Littler

Sixth Circuit Extends "Cat’s Paw" Liability Theory to FMLA Retaliation Claims

Littler on

Properly identifying the decisionmaker in an employment discrimination case is important because it is the intent of the decisionmaker that determines whether an adverse employment action was motivated by a discriminatory or...more

McAfee & Taft

Court OK’s termination of diabetic employee for misconduct

McAfee & Taft on

A recent federal appeals court decision case upheld an employer’s termination of a diabetic employee for misconduct, despite the employee’s argument that her poor work performance was a result of low-blood sugar....more

Burr & Forman

4th Circuit Bounces Bank's Request to Dismiss Manager's FMLA Case

Burr & Forman on

In a relatively recent decision, the U.S. Court of Appeals for the 4th Circuit (whose rulings apply to all South Carolina employers) found that an employer's faulty notice to an employee about his rights under the Family and...more

Littler

Protecting Alcoholics, Preventing Alcohol Misuse and Distinguishing Between the Two

Littler on

It has long been clear that the Americans with Disabilities Act of 1990 (ADA) protects alcoholism if it qualifies as a “disability.”1  That said, courts have consistently held that employers can have legitimate work rules...more

Seyfarth Shaw LLP

Causation In Federal Remedial Rights And Alternative Pleading

Seyfarth Shaw LLP on

Several recent Supreme Court decisions have upended causation standards in the statutory alphabet soup of federal remedial rights. It is now clear that “but for” causation governs discrimination claims under the Age...more

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