News & Analysis as of

Reasonable Accommodation Employment Litigation Employees

Seyfarth Shaw LLP

Recent Appellate Court Ruling Serves As a RoadMap For Summary Judgment On Fact-Specific Disability Discrimination Cases

Seyfarth Shaw LLP on

While motions for summary judgment are usually tricky to obtain in fact-laden employment cases alleging discrimination, failure to accommodate, and failure to engage in the interactive process, the Court of Appeal recently...more

Seyfarth Shaw LLP

Seventh Circuit: A “Do-Over” Is Not an Accommodation

Seyfarth Shaw LLP on

The Seventh Circuit’s recent decision – holding that an employee’s request for a second chance that allows them to change their behavior to meet employer expectations is not a “reasonable accommodation” under the ADA –...more

FordHarrison

EEOC's Recent Enforcement of the Pregnant Workers Fairness Act: What Employers Need to Know

FordHarrison on

A recent Consent Decree between the Equal Employment Opportunity Commission (EEOC) and Lago Mar Properties stands as an important reminder that the Pregnant Workers Fairness Act (PWFA) is broad in scope and encompasses all...more

Seyfarth Shaw LLP

EEOC’s Pregnant Worker Suits Are Compliance Lessons for Employers

Seyfarth Shaw LLP on

The Equal Employment Opportunity Commission filed a flurry of lawsuits last month alleging violations of federal law concerning pregnancy and related conditions. These cases highlight a new “Bermuda Triangle” of laws that...more

Dentons

Pregnant Workers Fairness Act

Dentons on

This spring, the US Equal Employment Opportunity Commission (EEOC) issued a press release that its Pregnant Workers Fairness Act (PWFA) would be published in the Code of Federal Regulations in April and become effective in...more

CDF Labor Law LLP

California Court of Appeals Upholds Adverse Employment Action Where Employee Unable to Perform Essential Job Functions

CDF Labor Law LLP on

This month, the California Court of Appeals affirmed the trial court’s grant of summary adjudication to the employer in a disability discrimination case alleging violations of the Fair Employment and Housing Act (FEHA). The...more

Bradley Arant Boult Cummings LLP

Pregnant Workers Fairness Act – The Journey and Final Destination

There has been a lot of talk about the Pregnant Workers Fairness Act (PWFA). So, where are we now? What do you need to know? This newsletter provides a snapshot of what it took to get the PWFA and its regulations finalized,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues All Day Medical Care Clinic for Discriminating Against Employee for Not Disclosing Disability During Job Interview

Maryland Health Care Provider Terminated Employee with Vision Impairments for Requesting Reasonable Accommodation on First Day of Work - BALTIMORE – All Day Medical Care Clinic, LLC, which operates five medical clinics in...more

Butler Snow LLP

Pregnant Pause? Lawsuit Attempts to Halt the EEOC’s Final Rule to Implement the Pregnant Workers Fairness Act

Butler Snow LLP on

To add to a very busy two weeks of employment law developments, on April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final rule and interpretative guidance to implement the Pregnant Workers...more

Sands Anderson PC

(Un)reasonable Accommodations: 3 Takeaways From the Fourth Circuit’s Tartaro-McGowan Decision

Sands Anderson PC on

The Fourth Circuit has handed down a decision that provides helpful guidance to employers seeking to provide reasonable accommodations in compliance with the Americans with Disabilities Act (ADA)....more

Goldberg Segalla

Employee Religious-Exemption Protections Safeguarded in COVID-19 Discrimination Claim

Goldberg Segalla on

On January 25, the U.S. District Court for the Eastern District of Pennsylvania denied the Children’s Hospital of Philadelphia’s (CHOP) motion to dismiss plaintiff Donald Glover’s complaint in Donald Glover v. The Children’s...more

Bradley Arant Boult Cummings LLP

Out with the Old? Not So Fast! A Quick Review of 2023 Highlights

2023 has brought many updates and changes to the legal landscape. Our blog posts have covered many of them, but you may not remember (or care to remember) them. Before moving on to 2024, let’s take a moment to review our top...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Insights, Issue 4, December 2023

Attacks on Non-Disclosure, Confidentiality, and Non-Compete Agreements in 2023 - On several fronts in 2023, we saw federal agencies and entities attacking the scope and enforceability of certain employment agreements,...more

Bradley Arant Boult Cummings LLP

Fly High (and Out of the EEOC’s Eye) by Updating Your Policies on Pregnancy Accommodation and Lactation

Everyone has been preparing for the recently enacted Pregnant Workers Fairness Act and the PUMP Act. Earlier this month the EEOC gave us another reason to make sure our policies are up to snuff. Frontier Airlines and the EEOC...more

McAfee & Taft

Tenth Circuit clarifies employer’s burden in offering reasonable disability accommodations

McAfee & Taft on

Employers know that the Americans with Disabilities Act requires them to engage in an “interactive process” with employees seeking a reasonable accommodation. This is a back-and-forth discussion to determine the employee’s...more

Bradley Arant Boult Cummings LLP

ADA Speed Bump Ahead: Steer Clear of Eliminating Essential Functions

When is driving an essential function of a job? What if the employee drives herself to customers’ homes to provide services and now wants to use alternative modes of transportation? What if the employee’s request is because...more

Cranfill Sumner LLP

U.S. Supreme Court Declines to Review Fourth Circuit Decision Upholding ADA Summary Judgment

Cranfill Sumner LLP on

On November 6, 2023, the United States Supreme Court declined to review the Fourth Circuit’s decision affirming summary judgment for the employer in an ADA accommodation case, Hannah v. UPS, No. 21-1647 (July 10, 2023).  The...more

Littler

$2.49 Million Verdict Underscores Expansive USERRA Protections

Littler on

A little more than a year after U.S. Army veteran Le Roy Torres kept his case alive at the U.S. Supreme Court, a Texas jury voted unanimously to award him $2.49 million on the claim that his former employer, the Texas...more

Littler

Littler Lightbulb – August Employment Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments in the federal courts of appeal in the last month. Fifth Circuit Expands Scope of Actionable Claims Under Title VII....more

Littler

Eleventh Circuit Holds Adverse Employment Action Is Required in ADA Failure-to-Accommodate Claims

Littler on

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

Poyner Spruill LLP

Fourth Circuit Finds Leave of Absence is Reasonable Accommodation Under ADA

Poyner Spruill LLP on

The Americans with Disabilities Act (ADA) generally prohibits covered employers from discriminating against employees or applicants on the basis of disability.  One form of such discrimination is failing to provide reasonable...more

Littler

New Jersey Court Imposes Limits on State Law’s Near-Limitless Definition of Disability

Littler on

Although both the New Jersey Law Against Discrimination (LAD) and the federal Americans with Disabilities Act (ADA) prohibit disability and perceived disability discrimination in the workplace, the LAD definition of...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

Littler

The Littler Annual Employer Survey Report - May 2023

Littler on

Executive Summary - Widespread economic uncertainty. Evolving workforce expectations. Accelerating use of artificial intelligence (AI). A shifting patchwork of local, state and federal regulations. Numerous headwinds...more

Bodman

Sixth Circuit Clarifies an Employee’s Duty to Disclose a Disability and Request an Accommodation

Bodman on

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

34 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide