News & Analysis as of

Americans with Disabilities Act (ADA) Termination Disability Discrimination

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

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

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

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

Medical Marijuana Usage Is Not Protected Under the ADA, Vermont Federal Court Rules

On February 14, 2024, a judge of the U.S. District Court for the District of Vermont dismissed a plaintiff’s Americans with Disabilities Act (ADA) discrimination and failure-to-accommodate case, holding that his medical...more

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

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

Deaf Ramp Agent’s Inability to Communicate With Others While Working Posed ‘Direct Threat’ to Employee Safety, Court Rules

SkyWest Airlines, Inc., was justified in discharging a deaf ramp agent because his inability to hear or effectively communicate posed a “direct threat” to the safety of himself and others, the U.S. District Court for the...more

U.S. Equal Employment Opportunity Commission...

Cash Depot Pays $55,000 to Settle EEOC Disability Discrimination Lawsuit

ATM Service Provider Resolves Federal Lawsuit Charging That It Failed to Accommodate And Fired Employee Because of Disability - HOUSTON – Cash Depot, LTD, a privately owned, independent ATM service provider headquartered...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Alternate Solutions Health Network for Disability Discrimination

Federal Agency Charges Home Health Care Company With Firing Therapist with Seizure Disorder Because She Could Not Drive - DETROIT – Providers of home health care services Alternate Solutions Health Network, LLC (ASHN), and...more

Goldberg Segalla

Employee Protection Limited for ADA and FMLA Discrimination and Retaliation Claims

Goldberg Segalla on

Key Takeaways - Resolved medical conditions and COVID-19 symptoms — aside from “Long COVID” — may not be considered “disabilities” under the ADA. A seven-week period between employee engagement in protected activity and an...more

U.S. Equal Employment Opportunity Commission...

Papa John’s Pizza to Pay $175,000 to Settle Disability Discrimination Lawsuit

Settles Federal Agency Charges Pizza Chain Failed to Accommodate and Fired Blind Employee Because of Disability - ATLANTA – Papa John’s Pizza, an international chain of pizza restaurants based in Louisville, Kentucky, will...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Weis Markets for Sexual Harassment and Unlawful Use of Employee Assistance Program

Federal Agency Charges That Grocery Chain Subjected Employee to Sexual Harassment and Fired Her for Refusal to Cooperate with Illegal Medical Examination and Disability-Related Inquiries - HARRISBURG, Pa. – Weis Markets,...more

U.S. Equal Employment Opportunity Commission...

Community Hospital to Pay $158,000 to Settle EEOC Disability Discrimination Lawsuit

Settles Federal Charges Hospital Failed to Transfer Injured Nurse to a Vacant Job She Could Perform, and Terminated Her Instead - INDIANAPOLIS – Munster Medical Research Foundation, Inc., doing business as Community...more

Parker Poe Adams & Bernstein LLP

Employee's PTSD Diagnosis May Excuse Violation of Disciplinary Policies

The Americans with Disabilities Act does not require employers to ignore or excuse serious violations of their rules of conduct. For example, an employee who brings a weapon to work in violation of the employer’s policy...more

Venable LLP

Responding to Mental Health Accommodation Requests

Venable LLP on

Many employers have experienced an increase in employee requests for accommodations in the past few years. A federal jury’s recent award in Lisa Menninger v. PPD Development L.P. reminds employers that accommodation requests,...more

Bradley Arant Boult Cummings LLP

Brain Tumor: A Little Too Little, Too Late — Sixth Circuit Addresses Late Disclosure of Disability

Employers sometimes face difficult decisions after learning of an employee’s disability. What if you learn of a disability after ongoing repeated employment deficiencies or even after a disciplinary or discharge decision...more

Jackson Lewis P.C.

Appellate Court Addresses How Much Information Employee Must Submit to Support an Accommodation Request

Jackson Lewis P.C. on

One of the many difficult issues employers face under the Americans with Disabilities Act (ADA) is determining what information a disabled employee must provide to an employer to trigger the employer’s duty to accommodate a...more

Rivkin Radler LLP

The Employment Law Reporter - September 29 2022

Rivkin Radler LLP on

Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has ruled that Title IX of the Education Amendments of 1972 affords a faculty member a private right of...more

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

Fifth Circuit Rules Sleepwalking Employee Who Crawled Into Bed With Coworker Cannot Prove Disability Discrimination

On July 15, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court’s ruling that a female employee who crawled into a male coworker’s bed while “sleepwalking” and was subsequently discharged failed to...more

Constangy, Brooks, Smith & Prophete, LLP

The $450,000 workplace birthday party

There was this disability discrimination issue . . . An employer who shall remain nameless had a tradition of throwing a little birthday party for each of its employees on their special day. The birthday of one employee...more

Bradley Arant Boult Cummings LLP

Don’t Fire Me! I’m Drug Free! It Was CBD! Indiana Court Examines Termination for Use of Hemp Oil

In our modern world of a booming CBD industry and an increasing number of states that have legalized marijuana, can you terminate an employee for a positive drug test for marijuana? What if the test shows marijuana...more

U.S. Equal Employment Opportunity Commission...

Arthur J. Gallagher to Pay $40,000 to Settle Religious and Disability Discrimination Lawsuit -

Company Fired Employee Who Fasted for Lent and Was Regarded as Having a Disability, Federal Agency Charged - DENVER – Arthur J. Gallagher & Co. will pay $40,000 and provide other relief to settle an employment...more

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

Consistently Inconsistent: An Example of Shifting Reasons for Employment Termination Precluding Summary Judgment

The U.S. District Court for the Western District of Texas recently denied an employer’s motion for summary judgment when its alleged shifting reasons for terminating the plaintiff’s employment contract raised genuine issues...more

Locke Lord LLP

The First Circuit Sends an ADA Warning ‎to Employers

Locke Lord LLP on

On September 15, the United States Court of Appeals for the First Circuit issued a startling and ‎ominous opinion construing the Americans with Disabilities Act (ADA) in a manner which ‎employers should take heed. In a...more

U.S. Equal Employment Opportunity Commission...

K&L Auto Crushers Settles EEOC Disability Discrimination Suit

Auto Recycler Fired Employee During Treatment for Cancer After Denying Her Requests for Accommodation, Federal Agency Charged - DALLAS – Tyler, Texas-based K&L Auto Crushers will pay $90,000 and furnish other relief to...more

Jackson Lewis P.C.

Employee Incapable Of Complying With Valid Safety Requirements Is Not A “Qualified” Individual

Jackson Lewis P.C. on

An employee who is categorically unable to comply with an employer’s valid workplace safety requirement is not a “qualified” individual under the Americans with Disabilities Act (ADA), even if the safety requirement is not...more

Jackson Lewis P.C.

Tenth Circuit: No Adverse Action Necessary To Prove A Violation Of The ADA’s Accommodation Requirements

Jackson Lewis P.C. on

The Tenth Circuit recently held that a disabled employee was not required to show that she suffered a separate adverse employment action to establish a failure to accommodate claim under the American’s with Disabilities Act...more

Foley Hoag LLP

New EEOC Guidance Explains ADA Protections For Opioid Users

Foley Hoag LLP on

The rise in opioid use and addiction in the United States has raised complicated issues for employers. On August 5, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) addressed some of these issues by issuing...more

83 Results
 / 
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide