News & Analysis as of

Disability Burden of Proof

McDermott Will & Emery

Die Arbeitsunfähigkeitsbescheinigung

McDermott Will & Emery on

Voraussetzungen, Beweiskraft, Erschütterung und Rechtsfolge - 1. BAG, URTEIL VOM 8. SEPTEMBER 2021 – 5 AZR 149/21 - Mit einer Entscheidung vom 8. September 2021 hat das Bundesarbeitsgericht (BAG) entgegen der beiden...more

Fisher Phillips

Federal Appeals Court Says Extreme Obesity Alone Is Not Enough For ADA Coverage

Fisher Phillips on

A federal Court of Appeals just ruled that extreme obesity not caused by an underlying physiological disorder or condition does not qualify as an impairment under the ADA. Under the 7th Circuit’s June 12 ruling, proof that...more

BCLP

HR Two Minute Monthly: discrimination; gender pay gap reporting; equal pay

BCLP on

Our February update considers recent developments in employment law, including cases on discrimination and equal pay. We also outline other points of note, including developments relating to right to work checks, the Equality...more

FordHarrison

Puerto Rico Issues Comprehensive Labor Law Reform

FordHarrison on

On January 26, 2017, Puerto Rico’s Governor, Ricardo Roselló, signed into law the Labor Transformation and Flexibility Act (the “Act”). The Act represents the first significant and comprehensive labor law reform to occur in...more

Hinshaw & Culbertson LLP

Burden of Proof: The "What Changed?" Argument from "A Medley of Interesting Disability Cases"

Hegger v. Unum Life Ins. Co. of America, 2013 U.S. Dist. LEXIS 28587 (N.D. Cal. 2013) - Facts and holding: Plaintiff Tami Hegger (“Hegger”) was employed as a medical device sales representative until she left work in...more

Baker Donelson

Does the ADA Amendments Act Absolve a Party Alleging Disability Discrimination From Having to Prove the Disability?

Baker Donelson on

That was the question recently presented to the United States Court of Appeals for the Fifth Circuit, and the Fifth Circuit resoundingly answered "no." Specifically, in Neely v. PSEG Texas, LP, the Fifth Circuit held "though...more

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