News & Analysis as of

Constructive Discharge Reasonable Accommodation

Constangy, Brooks, Smith & Prophete, LLP

Constangy’s Top 5 Employment Law Articles of 2023

The world of employment law is ever-changing, and 2023 was no exception. Keeping up with the latest developments can be daunting, but it's necessary for professionals across all industries. That's why we've compiled a list of...more

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

Tenth Circuit Upholds Employer’s Decision to Deny Telework Accommodation Request Under Rehabilitation Act

On September 15, 2021, the Tenth Circuit Court of Appeals upheld a district court’s grant of summary judgment in favor of an employer. In Brown v. Austin, the Tenth Circuit found that an employee’s telework, weekend work, and...more

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

Alabama Worker’s ADA Suit Runs Out of Air: Federal Court Dismisses Failure to Accommodate and Retaliation Claims

The U.S. District Court for the Northern District of Alabama recently granted summary judgment to United States Steel Corporation, finding that the company did not deny Raymond Carr III, a former employee with chronic...more

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

COVID-19–Related Employment Litigation: How It Started...How It’s Going

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

Jaburg Wilk

Everything Employers and Employees Need to Know When an Employee Feels Unsafe Returning to Work Due to COVID

Jaburg Wilk on

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

Hogan Lovells

Employment News: disability, investigations, women on boards

Hogan Lovells on

If it ain't broke – removing extended absence trigger a failure to make a reasonable adjustment - Removing an extended sickness absence trigger point from an employee with ME/ chronic fatigue syndrome was a failure to make...more

Genova Burns LLC

Employee’s Failure to Cooperate Deemed Fatal to Disability Pregnancy Claims

Genova Burns LLC on

The Appellate Division has stopped a former medical resident’s discrimination and constructive discharge claims from proceeding because the resident did not do everything in her power to remain employed. On August 2, 2019, in...more

BCLP

HR Two Minute Monthly: fitness and propriety; disciplinary injunctions; unconscious bias

BCLP on

Our May update outlines the key UK employment law developments over the last month. It includes cases on the fitness and propriety test for regulated firms, the operation of disciplinary proceedings and pay during suspension,...more

Littler

Ontario, Canada: Sexually Harassed Employee Wins the Battle but Loses the War When she is Awarded Damages But is Ordered to Pay...

Littler on

A recent decision of the Court of Appeal of Ontario, Colistro v. Tbaytel, 2019 ONCA 197, puts employers in Ontario on notice that if they re-hire an employee who has a history of victimizing a current employee by sexual...more

Seyfarth Shaw LLP

The Sixth Circuit Shows That Balancing ADA Obligations With Enforcement Of Workplace Rules Is Far From An Exercise In Futility

Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers face a tough challenge in trying to balance their obligations under the ADA with efforts to enforce workplace rules. A recent decision out of the United States Court of Appeals for the Sixth...more

Parker Poe Adams & Bernstein LLP

ADA Does Not Require Employer to Provide Extended Breaks for Exercise

Employees and their medical providers continue to come up with creative requests for accommodation of medical conditions under the Americans with Disabilities Act. Last month in an unpublished decision, the Sixth Circuit...more

Parker Poe Adams & Bernstein LLP

Extended Consideration of Accommodation Request OK in Unusual Circumstances

Employers understand their obligation to engage in an interactive process to address accommodation requests made by disabled employees. How long does the employer have to reach a conclusion with regard to the accommodation...more

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

Does the PDA Protect Nursing Mothers From Workplace Bias? 11th Circuit Says Yes

Does Title VII of the Civil Rights Act of 1964’s Pregnancy Discrimination Act (PDA) protect nursing mothers against post-pregnancy workplace discrimination? One federal court—the Eleventh Circuit Courts of Appeals—recently...more

Baker Donelson

Federal Court Declines to Overturn $780,000 Jury Verdict in Favor of Employer’s Argument that Application for SSDI Trumps the ADA

Baker Donelson on

In Van Rossum v. Baltimore County, Maryland, a jury awarded a community health inspector $250,000 in compensatory damages and $530,000 in back pay after deciding that her employer, Baltimore County, violated the ADA by...more

Bradley Arant Boult Cummings LLP

The Case of the Breastfeeding Narc: 11th Circuit Confirms Lactating Employee is Covered Under Pregnancy Discrimination Act

Does an employee’s protection under the Pregnancy Discrimination Act (PDA) stop when the employee ceases to be pregnant? The 11th Circuit Court of Appeals was confronted with this question in Stephanie Hicks v. City of...more

Jackson Lewis P.C.

11th Circuit: Rights Of Breastfeeding Employees Protected By Federal Law

Jackson Lewis P.C. on

On September 7, 2017, the Eleventh Circuit in Hicks v. City of Tuscaloosa, 16-13003 held that breastfeeding is covered under the Pregnancy Discrimination Act (“PDA”). In Hicks, the doctor for a police officer with the...more

Jackson Lewis P.C.

Employers Should Engage In The Interactive Process Even If They Believe The Employee Is Not Qualified.

Jackson Lewis P.C. on

Diligent and well informed employers know that it is the best practice to engage in an individualized assessment of a requested accommodation. Sometimes an employer may be tempted to refuse to discuss an accommodation because...more

Fisher Phillips

May 2016: Ten Biggest Labor And Employment Law Stories

Fisher Phillips on

The world of labor and employment law is always rapidly evolving. In order to make sure that you stay on top of the latest developments, we typically bring you a review of the five biggest stories from previous month. May...more

Mintz - Employment, Labor & Benefits...

Something is Rotten at the Pork Roll Company … and it’s not the Pork Rolls: Flatulent Employee (and his Wife) Bring Claims for...

Is passing gas now protected by our anti-discrimination laws? Over the past several years, we have written extensively about the possibility of obesity discrimination lawsuits becoming the next wave of disability...more

Parker Poe Adams & Bernstein LLP

Changes to Pay Structure in Lieu of Requested Accommodations May Violate ADA and FMLA

Employers that receive requests for accommodation made by a disabled employee must remain careful about making significant changes to that employee’s terms and conditions of employment prior to concluding review and...more

Constangy, Brooks, Smith & Prophete, LLP

When Terminating An Employee, Is A Clean Break Better Than A Long Limbo?

If you have a poor performer, is it better to make a clean break and fire him, or is it better to prolong his (and your) agony? That is obviously a biased question, but some employers will do almost anything to avoid firing...more

Franczek P.C.

Supervisor’s Failure To Engage In Interactive Process With Disabled Employee May Convert Employee’s Resignation Into Constructive...

Franczek P.C. on

In a case recently decided under the Americans with Disabilities Act (ADA)—Suvada v. Gordon Flesch Company, Inc.—a federal district court in Chicago allowed a production clerk’s claim for constructive discharge against her...more

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