News & Analysis as of

Summary Judgment Disability Discrimination Dismissals

Parker Poe Adams & Bernstein LLP

Admission That Business Unit Was Closed Due to Employee's Disability Precludes Dismissal of ADA Claim

When advising employers about the legal risks associated with a business reorganization, we generally advise that discrimination claims are less likely when a company closes an entire facility or department as compared to...more

Genova Burns LLC

Patience is a Virtue: NJ Appellate Division Affirms Settlement of Discipline Bars Recovery Under the NJLAD

Genova Burns LLC on

On May 1, 2023, in Onukogu v. New Jersey State Judiciary, the Superior Court of New Jersey, Appellate Division affirmed the trial court’s grant of summary judgement in favor of the employer, affirming the dismissal of the...more

Parker Poe Adams & Bernstein LLP

A New Road Map for Disciplining Employees for Reasons Unrelated to Their Disability

Some of the most frequent questions we receive from employers involve managing the performance of employees with medical issues. While employers understand their nondiscrimination obligations under the Americans with...more

Parker Poe Adams & Bernstein LLP

Ninth Circuit Finds Obesity a Protected Disability Under State Law

In recent years, a number of federal courts have drawn differing conclusions with regard to whether obesity is a protected disability under the Americans with Disabilities Act. While some courts have reached this conclusion,...more

Genova Burns LLC

New Jersey Supreme Court to Decide Whether Absence of Adverse Employment Decision is Fatal to Failure to Accommodate Claim

Genova Burns LLC on

The New Jersey Supreme Court has granted certification and will review the Appellate Division decision in Richter v. Oakland Board of Education, 459 N.J. Super. 400 (App. Div. 2019). As we described in the August 2009 New...more

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

It’s Flu Season Again...Are Your Mandatory Vaccination Policies Immune to Legal Challenges?

With flu season here and reported incidents of deaths caused by diseases thought to have been eradicated by vaccines on the rise, many healthcare providers are considering mandatory vaccination of employees. The Centers for...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

Holland & Knight LLP on

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Proskauer - California Employment Law

California Employment Law Notes - September 2017

Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more

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