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Essential Functions Disability Discrimination Summary Judgment

Payne & Fears

Key California Employment Law Cases: June 2019

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This month's key California employment law cases involve EEOC charges, disability discrimination, and meal breaks....more

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

Eleventh Circuit Opinion Clarifies Definition of ‘Similarly Situated’ Comparators

On March 21, 2019, finding in favor of an employer seeking summary judgment, the U.S. Court of Appeals for the Eleventh Circuit, in Lewis v. City of Union City, clarified the definition of “similarly situated” comparators for...more

Bradley Arant Boult Cummings LLP

Doctor, Doctor: Fourth Circuit Allows Case to Proceed on Employee Medical Exam

When can you send an employee for a medical exam? In EEOC v. McLeod Health, Inc., the Fourth Circuit recently provided some guidance and allowed a plaintiff’s claim for an illegal medical exam to proceed to the jury despite...more

Polsinelli

Four Circuits Agree: Regular and Reliable Attendance is an Essential Job Function

Polsinelli on

Recently, the United States Eighth Circuit Court of Appeals reaffirmed that regular and reliable attendance is an essential function of most jobs under the Americans with Disabilities Act (“ADA”). Lipp v. Cargill Meat...more

Littler

Sixth Circuit Rejects Argument that Full-Time Job Requires Full-Time Hours in ADA Failure to Accommodate Case

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Holding that full-time presence at the workplace is not always an essential job function, on July 17, 2018, the U.S. Court of Appeals for the Sixth Circuit reversed summary judgment in favor of the employer in an Americans...more

Seyfarth Shaw LLP

First Circuit Decision Underlines the Importance of Law Over Sympathetic Facts in Disability Discrimination Cases

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Seyfarth Synopsis: Plaintiffs in disability discrimination cases often have sympathetic facts on their side. A recent decision out of the United States Court of Appeals for the First Circuit, however, highlighted that courts...more

Weintraub Tobin

Ninth Circuit Says Employee Who Made Death Threats Against His Co-Workers Could Not Sue His Employer For Disability Discrimination

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Joining similar holdings from several other circuits, the Ninth Circuit recently held in Mayo v. PCC Structurals, Inc. that a depressed employee who threatened to kill his co-workers and was thereafter fired was not a...more

Proskauer - California Employment Law

Disability Discrimination Claims Were Properly Dismissed On Summary Judgment

Tony Nealy worked as a solid waste equipment operator for the City of Santa Monica before injuring his knee in July 2003 while moving a large bin full of food waste. Nealy was temporarily totally disabled due to the injury...more

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