Employer Liability Issues Americans with Disabilities Act

News & Analysis as of

Medical Marijuana and the Workplace

With the growing list of states legalizing marijuana, are workplace drug policies up in smoke? As the new year begins, Arkansas, Florida and North Dakota join the growing list of states that have legalized medical marijuana....more

Employee’s ADA and FMLA Claims Survive Summary Judgment After Leaving Work Early To Go To Hospital

In Knight v. Barry Callebaut USA Service Company, Inc., the United States District Court of the Eastern District of Pennsylvania denied an employer’s motion for summary judgment on claims brought by a terminated employee...more

Q&A with Paula Williams: Guidelines allow voluntary employer wellness programs

Guidelines allow voluntary employer wellness programs - Q: A federal court recently heard a case involving a corporate wellness program. What was the basis for the Equal Employment Opportunity Commission (EEOC) lawsuit...more

Developments in Disability Discrimination Law in 2016, and Predictions for the Future

President-elect Trump made headlines during the campaign (as he often did) when he gave the appearance of mocking a physically disabled reporter. The election of Donald Trump in 2016 carries far-reaching implications for...more

Employer Responsibilities re Mental Health Conditions

The Equal Employment Opportunity Commission recently issued a “User-Friendly Document” explaining the rights of job applicants and employees with mental health conditions. In doing so, the EEOC has confirmed that individuals...more

EEOC Issues Guidance on Mental Health Discrimination and Reasonable Accommodations

On December 12, 2016, the EEOC issued a resource document, titled “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights,” reminding employers of workplace rights for employees and applicants...more

Seasonal Affective Disorder - It Can Be More Than the Winter Blues

As the weather continues to get colder and the days get darker, some people may notice that they feel more tired, experience weight gain, or struggle to get out of bed in the morning. For most, these symptoms begin in the...more

EEOC Issues Guidance on Mental Health Conditions in the Workplace

On December 12, 2016, the Equal Employment Opportunity Commission (EEOC) published a resource document titled, “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights,” which summarizes the...more

A Review of the EEOC's Systemic Initiative: Tracking its Progress, Current Priorities, and Key Developments in FY 2016

On November 16, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued its annual Performance and Accountability Report, which highlights key EEOC developments over the past fiscal year, ending September 30,...more

EEOC Releases Guidance on Mental Health Discrimination

The Equal Employment Opportunity Commission (EEOC) has issued guidance reminding employers that it is illegal under the Americans with Disabilities Act (ADA) and other laws to discriminate against an employee simply because...more

Federal Court Says ADA Does Not Require Reassignment of Employee Without Competition

If an employee can no longer perform the essential functions of his or her position due to a disability, one common form of reasonable accommodation under the Americans with Disabilities Act (ADA) is reassignment to a vacant...more

Tips for Claims Under the Pregnancy Discrimination Act and the American Disabilities Act

Did you know that a pregnant employee who has complications may be equivalent to an employee with a disability? Recent cases hold that pregnant employees with complications may be entitled to reasonable accommodations. The...more

ADA/FEHA Interactive Process Issues – 100% Healed Policies are 100% Illegal

The year end is a time for reflection, and one theme in my practice this year has been the failure of managers (and some HR professionals) to fully understand the interactive process, and to inadvertently cause liability by...more

Navigating Through the Smoke: The Intersection of Marijuana Legalization and Employment Law

Public approval for medical and recreational marijuana is at an all-time high. In November 2016, four states voted to legalize recreational marijuana: California, Nevada, Massachusetts and Maine (although, at the time of this...more

Long-Term Shift of Essential Job Functions May Remove Them as Mandatory Qualifications

The Americans with Disabilities Act (ADA) only requires employers to provide accommodations that allow the disabled employee or applicant to perform the essential functions of the job. The employer is not required to shift or...more

EEOC Increases Scrutiny of Employer Actions Taken Against Prescription Drug Users

Prescription drug abuse has made national news in the last few years. In March 2016, President Obama noted that “prescription opioid abuse and [the] heroin epidemic claims the lives of tens of thousands of Americans each...more

Labor and Employment Group News: Stop Talking to Yourself: Your Employee's Obligation to Engage in the “Interactive Process” When...

Legal counsel for companies have long emphasized the importance of engaging in the “interactive process” in dealing with an employee’s request for an accommodation for a disability. We also advise that the accommodation must...more

EEOC Sues East Coast Labor Solutions for Disability and National Origin Discrimination

Staffing Agency Discriminated Against Latino Workers Who Were Recruited With Promise of Good Pay, Federal Agency Charges - BIRMINGHAM, Ala. - An Alabama temporary staffing firm violated federal law by subjecting Latino...more

“Weight Watchers”— Weight Discrimination in the Workplace

Seyfarth Synopsis: ‘Tis the season of food temptation: the average American gains at least five pounds between Thanksgiving and New Year’s Day. California employers need to beware of weight discrimination in the fluctuating...more

ADA/FEHA Interactive Process Issues – Debate Over Doctor’s Notes

I recently participated in a panel discussion about ADA/FEHA reasonable accommodation and interactive process issues for the LA County Bar Association. I presented on a panel with a plaintiff’s attorney and a disability...more

Legalization of Medical Marijuana – Now what?

Generally speaking, state marijuana laws fall into three categories: (1) legalization (laws that make the possession or use of marijuana legal); (2) marijuana decriminalization (laws that reduce criminal penalties for...more

Employer Had Implied Knowledge of Employee's Need for ADA Reasonable Accommodation

Since the inception of the Americans with Disabilities Act, the Equal Employment Opportunity Commission has taken the position that employees can trigger the Act’s reasonable accommodation obligations without having to ask...more

What’s an “Implied” Request for an ADA Reasonable Accommodation?

Seyfarth Synopsis: A divided panel of the Eighth Circuit recently decided that an employer may be required to assume or infer from the circumstances that an employee is seeking a reasonable accommodation – even when no...more

Do Employers Need to Accommodate if the Employee Does Not Ask?

Most employers are aware of their obligation to explore reasonable disability accommodations when an employee asks for such a measure. But, what if the employee never asks? A new decision out of the United States Court of...more

Telework Under The ADA & Other Nondiscrimination Laws

A workforce that adheres to a traditional work style, or a consistent eight-hour workday in the same location – with no offsite work or interaction with business colleagues or customers – is increasingly becoming a relic in...more

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