News & Analysis as of

Americans with Disabilities Act (ADA) › Disability › Adverse Employment Action

K&L Gates LLP

11th Circuit Creates Circuit Split Holding that an "Adverse Act" Is Needed to Bring an ADA Claim for Failure to Accommodate

K&L Gates LLP on

Overview - On 24 May 2023, in Beasley v. O’Reilly Auto Parts, the United States Court of Appeals for the Eleventh Circuit created a split in the circuit courts by holding that an employee must establish the occurrence of an...more

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

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

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

Under the Americans with Disabilities Act (ADA), “[n]o covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge...more

Obermayer Rebmann Maxwell & Hippel LLP

It’s My Party and I Can Cry If I Want To: Lessons for Employers to Take Away from the $450,000 Verdict in Favor of the Employee...

Obermayer Rebmann Maxwell & Hippel LLP on

In April 2022, a Kentucky jury awarded $450,000 to a fired employee who claimed that an unwanted office birthday party triggered panic attacks. The employee refused to attend the party on his behalf and was later terminated....more

Burr & Forman

COVID-19 as a Disability Under the Americans with Disabilities Act

Burr & Forman on

Can COVID-19 be Considered a Disability? The EEOC recently published guidance indicating that, in some instances, COVID-19 may be considered a disability under the Americans with Disabilities Act (“ADA”). Although the...more

Parker Poe Adams & Bernstein LLP

Speculating About Employee's Medical Condition May Lead to ADA Claim

Parker Poe Adams & Bernstein LLP on

The Americans with Disabilities Act not only protects persons with actual medical conditions but also those regarded by their employer as disabled, even if they are not. A new decision from the Sixth Circuit Court of Appeals...more

Parker Poe Adams & Bernstein LLP

ADA Does Not Protect Against Fear of Future Disability

Parker Poe Adams & Bernstein LLP on

The Americans with Disabilities Act not only provides protections for disabled persons but also those “regarded as” having a disability, even if they are healthy. On September 12, the Eleventh Circuit Court of Appeals (which...more

Seyfarth Shaw LLP

Refusal to Rescind Employee’s Resignation Not an Adverse Employment Action

Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Court of Appeal has held that an employer’s refusal to honor an employee’s rescission of a voluntary resignation is not an adverse employment action under the Fair Employment and Housing Act....more

Ballard Spahr LLP

EEOC Clarifies Employer-Provided Leave as ADA Accommodation

Ballard Spahr LLP on

The U.S. Equal Employment Opportunity Commission (EEOC) has issued a new resource document addressing the rights of employees with disabilities who seek leave as a reasonable accommodation under the Americans with...more

Bradley Arant Boult Cummings LLP

Jury Sides with FedEx in ADA Failure to Accommodate Case

Bradley Arant Boult Cummings LLP on

For those of you who think the Americans with Disabilities Act (ADA) means you have to do whatever a disabled employee wants, I bring good news from of all sources, a jury in California. This case had it all—an employee...more

Adler Pollock & Sheehan P.C.

New Protection For Pregnant Employees

Adler Pollock & Sheehan P.C. on

For decades, the Rhode Island Fair Employment Practices Act has protected pregnant employees from termination or other adverse job action on account of pregnancy. Now, the Rhode Island General Assembly has taken pregnancy...more

U.S. Equal Employment Opportunity Commission...

Harrison Poultry Sued by EEOC for Disability Discrimination

U.S. Equal Employment Opportunity Commission... on

Poultry Hatchery Fired Employee While on Approved Leave, Federal Agency Charged - ATLANTA - Harrison Poultry, Inc. a poultry hatchery located in Bethlehem, Ga., unlawfully terminated an employee with a disability who...more

U.S. Equal Employment Opportunity Commission...

Kroger Sued by EEOC for Violating ADA

U.S. Equal Employment Opportunity Commission... on

Grocery Giant Fired Cashier at Howell Store Because of Back Impairment, Federal Agency Charges - DETROIT - The Kroger Company of Michigan violated federal law by failing to provide a reasonable accommodation to an...more

U.S. Equal Employment Opportunity Commission...

Papa John’s Discriminated Against Employee with Down Syndrome, EEOC Charges in Suit

U.S. Equal Employment Opportunity Commission... on

Pizza Delivery Company Unlawfully Refused Job Coach for Worker With Intellectual Disability and Then Fired Him, Federal Agency Charges - PHOENIX - PJ Utah LLC, PJ Cheese, Inc., and PJ United, Inc., collectively doing...more

U.S. Equal Employment Opportunity Commission...

Baker Concrete Construction Sued by EEOC for Disability Discrimination

U.S. Equal Employment Opportunity Commission... on

Federal Agency Charges Concrete Company Refused to Accommodate Payroll Manager, Then Fired Her Because of Disability - HOUSTON - Baker Concrete Construction, Inc. violated federal law by refusing to accommodate and...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Wal-Mart for Disability Discrimination

U.S. Equal Employment Opportunity Commission... on

Retailer Rescinded Accommodation, Then Fired Intellectually Disabled Employee, Federal Agency Charges - ROCKFORD, Ill. - The U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit here yesterday against...more

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