The Chartwell Chronicles: Employment Law
Managing the Size and Structure of Your Post-Pandemic Workforce
#WorkforceWednesday: OSHA ETS on Hold, Retaliation Claims Increase, "Vaccination Ambassadors" - Employment Law This Week®
When employers think of “medical leave,” most minds understandably jump to the Family Medical Leave Act (FMLA) or time off that employees may be entitled to under company-provided policies (sick leave, vacation, PTO, etc.)....more
On September 4, 2024, the Fourth Circuit Court of Appeals, in Anderson v. Diamondback Investment Group, LLC, ruled on whether a former employee’s use of lawful hemp-derived products containing delta-9-tetrahydrocannabinol...more
Last month, we reported on a decision from the Sixth Circuit Court of Appeals (which includes Tennessee) concluding that an employee’s asthma did not constitute a protected disability under the Americans with Disabilities...more
Last week’s decision by the Third Circuit Court of Appeals, Morgan v. Allison Crane & Rigging LLC, stands as a reminder to employers to exercise caution in how they navigate accommodating employees with temporary medical...more
Federal Agency Charges Manufacturer Terminated Electrician Because of his Disability - CHICAGO – Alto Ingredients, Inc., a manufacturer of industrial and food-grade, corn-based alcohols, violated the Americans with...more
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
The Massachusetts Commission Against Discrimination (“MCAD” or “Commission”) has released its Fiscal Year 2023 (“FY23”) Annual Report, which highlights the strides the Commission has made over the last fiscal year toward...more
A federal district court in Louisiana, in Huber v. Blue Cross & Blue Shield of Florida, Inc., recently denied an employer’s motion for summary judgment in an Americans with Disabilities Act (ADA) and Louisiana Employment...more
A recent EEOC case involving an executive who was fired after having an episode of depression underlines the importance of accommodating mental disabilities under the Americans with Disabilities Act (“ADA”). In Equal...more
On April 1, 2021, Houston Methodist Hospital announced that all of its employees would be required to be vaccinated against COVID-19 by June 7, 2021, but that it would provide accommodations to any employee with disability...more
On May 28, 2021, the Equal Employment Opportunity Commission (“EEOC”) issued updated guidance regarding workplace COVID-19 vaccination policies and employee accommodations (the “Updated Guidance”). Among other issues, the...more
Over 2,500 COVID-19–related employment lawsuits were filed in the United States in 2020. Ogletree Deakins’ Interactive COVID-19 Litigation Tracker highlights the industries impacted, locations, and types of claims in these...more
Yes, an employer can implement a mandatory COVID-19 vaccination policy, subject to some conditions and exceptions. A mandatory vaccine policy must be job-related, consistent with business necessity or justified by a direct...more
Many employees are concerned about returning to work due to COVID-19. Employers need to be prepared for their employee’s requests. They will want to treat their employees fairly and also minimize their liability. There are...more
On June 1, 2020, the Eleventh Circuit Court of Appeals entered an unpublished, per curiam decision affirming the grant of summary judgment in the U.S. District Court for the Middle District of Florida, Jacksonville division...more
Employees Unlawfully Fired Because of Disability-Related Absences, Federal Agency Charged - BIRMINGHAM, Ala. – Wayne Farms, LLC, one of the nation’s largest poultry producers, will pay $175,000 and furnish significant...more
On February 24, 2020, the U.S. District Court for the Middle District of North Carolina issued an opinion in Brown v. Martin Marietta Materials, Inc. regarding disability discrimination, reasonable accommodations, and...more
Employee With Disabilities Denied a Reasonable Accommodation and Discharged After Seeking Two Days of Unpaid Leave, Federal Agency Charges - ATLANTA - American Woodmark Corporation, a wood cabinetry manufacturer, will pay...more
Hospital Supervisors Refused Accommodation for Deaf Employee, Federal Agency Charges - SANTA FE, N.M. - Christus Health, doing business as Christus St. Vincent Regional Medical Center in Santa Fe, N.M., violated federal...more
On April 1, 2019, the United States District Court for the Northern District of Illinois denied summary judgment in an Americans with Disabilities Act (ADA) case, determining that occasionally excusing employees from...more
Retailer Unlawfully Fired Pregnant Employee Upon Receipt of Medical Information, Federal Agency Charges - HOUSTON - Party supply retail chain Party City Corporation violated federal law when a Texas store fired a...more
Last year, we reported a Seventh Circuit Court of Appeals decision establishing a rule that leave of more than a few weeks in duration falls outside employers’ reasonable accommodation obligations under the Americans with...more
Trial Court Erroneously Granted Bill Cosby's Anti-SLAPP Motion - Dickinson v. Cosby, 17 Cal. App. 5th 655 (2017) - After Janice Dickinson went public with her accusations of rape against Bill Cosby, Cosby's attorney...more
Trypanophobia—the fear of needles—played a significant role in a case brought against Rite Aid Pharmacy under the Americans with Disabilities Act (ADA). In Stevens v. Rite Aid Corp., the Second Circuit overturned a jury...more
Employers everywhere have been repeatedly warned not to automatically terminate employees who have exhausted their Family and Medical Leave Act (FMLA) leave. Instead, employers should first consider whether the employee might...more