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Americans with Disabilities Act (ADA) › Discrimination › Summary Judgment

Seyfarth Shaw LLP

Failure to Investigate and Fat-Shaming Permit Employment Claims to Proceed

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Seyfarth Synopsis: Under California law, obesity can qualify as a disability if it has a physiological cause and limits a major life activity. Proving such a claim has been difficult. The First District Court of Appeal’s...more

Seyfarth Shaw LLP

Court Finds Against EEOC And Holds Charging Party Who Represented Herself As Being “Totally Disabled” Was Not Qualified To Perform...

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In EEOC v. Vicksburg Healthcare LLC, et al., Case No. 13-CV-895 (S.D. Miss. Aug. 27, 2015), Judge Keith Starrett of the U.S. District Court for the Southern District of Mississippi recently rejected the EEOC’s lawsuit. He...more

Bond Schoeneck & King PLLC

Court of Appeals Holds That Employer’s Failure to Engage in Interactive Process Regarding Employee’s Accommodation Request...

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Discrimination claims are expensive to defend and if they reach a jury, the results are often unpredictable. The summary judgment motion, when utilized properly, is an effective risk and cost containment tool available to...more

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

Employers Beware: Anything Short of a Robust Attempt to Engage in Interactive Process Might Preclude Summary Judgment

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

Several recent cases in the Sixth Circuit Court of Appeals remind employers that their obligation to engage in the interactive process is an increasingly onerous one. First, in Keith v. County of Oakland, No. 11-2276 (6th...more

Baker Donelson

Sixth Circuit Revives ADA Claim of Deaf Lifeguard

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In Keith v. County of Oakland, the U.S. Court of Appeals for the Sixth Circuit reversed summary judgment to a county pool that denied employment to a deaf lifeguard. Setting aside the issue that seems to have captivated the...more

FordHarrison

Legal Alert: Deaf Lifeguard's Disability Claims Against Oakland County Go To Jury

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The Sixth Circuit has reversed the decision of a lower court and held that a deaf individual should be permitted to proceed to trial on his claim that a prospective employer discriminated against him on the basis of...more

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