News & Analysis as of

Americans with Disabilities Act (ADA) › Family and Medical Leave Act (FMLA) › Employee Misconduct

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

Eighth Circuit Chips Away at ‘Honest Belief’ Defense and Creates ‘Intertwinement Test’ for Disability Discrimination Cases

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

On July 1, 2024, in Huber v. Westar Foods, Inc., in a 2–1 decision, the Eighth Circuit Court of Appeals departed from the “honest belief” defense recognized by the First, Second, Fourth, Fifth, and Seventh Circuits (and U.S....more

Genova Burns LLC

NJ District Court Upholds Employee Termination After FMLA Leave

Genova Burns LLC on

On March 31, 2023, in LeBlanc v. Thomas Jefferson University, the United States District Court for the District of New Jersey granted an employer’s motion for summary judgment, dismissing a former’s employee’s allegations of...more

FordHarrison

Well, That Escalated Quickly

FordHarrison on

I am still agog at the Antonio Brown situation several days later. For those of you who don’t follow sports or the NFL, the Tampa Bay Buccaneers’ wide receiver (and generational talent) can be combustible. Since building a...more

Littler

11th Circuit Finds Employee Conduct May Lead to Termination Even Where the Conduct is the Result of Mental Illness

Littler on

On May 27, 2021, in Todd v. Fayette County School District, a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit affirmed the propriety of a school district’s decision to end a mentally ill...more

DirectEmployers Association

OFCCP Week In Review: July 2020 #4

DirectEmployers Association on

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

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

ADA and FMLA Claims Fail for Call Center Employee Who Dropped Calls

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

In a published opinion, the Tenth Circuit Court of Appeals recently ruled that the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) do not require employers to excuse an employee’s misconduct...more

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