News & Analysis as of

Disability Discrimination › Evidence

Genova Burns LLC

NJ Appellate Division Rules Former Employee’s Cell Phone Records & Private Social Media are Not So Private Afterall

Genova Burns LLC on

On March 16, 2023, in a published decision in Norma Davis v. Disability Rights New Jersey, the New Jersey Appellate Division ruled that a former employee’s private social media accounts and personal cell phone records are...more

BCLP

UK HR two-minute monthly: marital status discrimination, private WhatsApp messages as tribunal evidence, sickness...

BCLP on

Our February update includes new cases on marital status discrimination, including a general refresher on direct discrimination, a case of whether private WhatsApp messages can be used in tribunal proceedings, and how to deal...more

Lewitt Hackman

Unlawful, or Just Mean? California Appellate Court Decides Discrimination Case

Lewitt Hackman on

People with disabilities have legal protections under both federal and state law. California’s Fair Employment and Housing Act (FEHA) prohibits an employer from taking adverse actions against a person because of a person’s...more

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

Does Asking About Employee’s Alcohol Use Violate the ADA?

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

In Lansdale v. UPS Supply Chain Solutions, Inc., No. 16-4106 (July 23, 2019), the United States District Court for the District of Minnesota concluded that a jury had sufficient evidence to find that an employer’s discharge...more

Jackson Lewis P.C.

Eleventh Circuit Clarifies Its ‘Similarly Situated’ Standard For Workplace Discrimination Claims

Jackson Lewis P.C. on

The proper standard for comparator evidence in cases alleging intentional discrimination is “similarly situated in all material aspects,” the U.S. Court of Appeals for the Eleventh Circuit has clarified in an en banc ruling....more

McAfee & Taft

Retaliation 101

McAfee & Taft on

A recent opinion from the U.S. Tenth Circuit Court of Appeals involving Tulsa’s American Airlines facility serves as a reminder of the kind of evidence required to establish retaliation....more

Proskauer - California Employment Law

California Employment Law Notes - September 2017

Proskauer - California Employment Law on

Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more

McAfee & Taft

Appeals court rules diagnosed mental impairment not proven to be actual disability

McAfee & Taft on

As many employers know, the ADA Amendments Act of 2008 (ADAAA) broadened the scope of who may be considered disabled under the Americans with Disabilities Act (ADA). Indeed, through the ADAAA, Congress sought to make it...more

Hinshaw & Culbertson LLP

The Seventh Circuit Clarifies Evidentiary Standards in Employment Discrimination Cases

Hinshaw & Culbertson LLP on

In Ortiz v. Werner Enterprises, Inc., the Seventh Circuit stated in very clear terms that lower courts and parties to discrimination actions should not divide evidence into direct and circumstantial buckets under the familiar...more

Morrison & Foerster LLP - Social Media

Status Updates: Facebook Posts—Reliable Evidence?; Quora Post Costs Applicant a Job; a New Ephemeral Messaging App

Morrison & Foerster LLP - Social Media on

Facebook: Fact or fiction? These days, courts are more and more frequently faced with disputes over whether, as part of the discovery process, a litigant should be entitled to view the opposing party’s social media posts. As...more

10 Results
 / 
View per page
Page: of 1

"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:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide