News & Analysis as of November 17, 2024

Failure to Accommodate

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

Fisher Phillips on 7/18/2024

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

Deaf Ramp Agent’s Inability to Communicate With Others While Working Posed ‘Direct Threat’ to Employee Safety, Court Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/14/2024

SkyWest Airlines, Inc., was justified in discharging a deaf ramp agent because his inability to hear or effectively communicate posed a “direct threat” to the safety of himself and others, the U.S. District Court for the...more

Fired Worker Not Entitled to Jury Trial for Disability Retaliation Claim: Key Takeaways for Employers

Fisher Phillips on 9/20/2023

A high-level IT worker who claimed he was discriminated against because of his medical condition was not entitled to a jury trial or monetary damages for his retaliation claim under the Americans with Disabilities Act (ADA)....more

The Art of Defending (or Lodging) a Failure to Accommodate Claim: A Lesson on The Rehabilitation Act

Seyfarth Shaw LLP on 7/11/2023

Seyfarth Synopsis: The Tenth Circuit further clarifies The Rehabilitation Act while making it even harder to get rid of failure to accommodate claims at the summary judgment stage; FEHA and ADA implications may follow....more

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

Carlton Fields on 5/24/2023

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

Seventh Circuit Takes On Religious Discrimination

Manatt, Phelps & Phillips, LLP on 5/24/2023

The Seventh U.S. Circuit Court of Appeals recently affirmed summary judgment in favor of an employer in a religious discrimination case involving a teacher who refused to call transgender students by their chosen names....more

What New York City Employers Need to Know About The First Court Rulings in Early COVID 19 Related Workplace Litigation

Fisher Phillips on 5/18/2021

Of the more than 2,300 COVID-19-related employment lawsuits we have been tracking, many have at least one thing in common: they relate to employees who had (or suspect they had) the virus in late 2019 or early 2020 – before,...more

COVID-19 Employment Litigation Continues Based on Failure to Accommodate Virus-Related Illnesses

Fisher Phillips on 4/28/2021

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

Employment Law Developments To Monitor In 2021: COVID-19-Related Employment Litigation And Trends

Jackson Lewis P.C. on 1/22/2021

As 2021 begins, Jackson Lewis continues to work with employers to help them understand, prepare for, and handle the impact of COVID-19 on the workplace. In addition to advising and counseling clients, Jackson Lewis attorneys...more

Reconsidering Religious Accommodations In Light Of The Pandemic

Fisher Phillips on 8/6/2020

With all of the uncertainty facing the healthcare community in light of the current pandemic, the ability of hospitals and other healthcare facilities to be flexible when managing employees is of the utmost importance. To...more

Fifth Circuit Finds Jurisdiction Over Post-Award Proceedings Under FAA

Burr & Forman on 1/20/2020

While the Federal Arbitration Act (“FAA”) does not provide federal subject matter jurisdiction, federal courts may nevertheless have jurisdiction over proceedings to compel arbitration if the underlying claim is “predicated...more

Unlawful, or Just Mean? California Appellate Court Decides Discrimination Case

Lewitt Hackman on 1/2/2020

People with disabilities have legal protections under both federal and state law. California’s Fair Employment and Housing Act (FEHA) prohibits an employer from taking adverse actions against a person because of a person’s...more

The Sixth Circuit Shows That Balancing ADA Obligations With Enforcement Of Workplace Rules Is Far From An Exercise In Futility

Seyfarth Shaw LLP on 9/20/2018

Seyfarth Synopsis: Employers face a tough challenge in trying to balance their obligations under the ADA with efforts to enforce workplace rules. A recent decision out of the United States Court of Appeals for the Sixth...more

Food Lion Sued by EEOC for Religious Discrimination

U.S. Equal Employment Opportunity Commission... on 8/21/2014

Grocer Refused Accommodation for Jehovah's Witness's Worship Services, Federal Agency Charged - WINSTON SALEM, N.C. - Supermarket chain Food Lion, LLC violated federal law when it refused to provide a religious...more

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Hiring & Firing › Retaliation › Failure to Accommodate

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