Job Description Mistakes You Don’t Want to Make
Overview - On 24 May 2023, in Beasley v. O’Reilly Auto Parts, the United States Court of Appeals for the Eleventh Circuit created a split in the circuit courts by holding that an employee must establish the occurrence of an...more
Under the Americans with Disabilities Act (ADA), “[n]o covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge...more
Your employee requests a reasonable accommodation under the Americans with Disabilities Act (ADA) but you refuse to grant it. If the employee continues to perform their job, can the employee still sue you for refusing the...more
Seyfarth Synopsis: In a wide-ranging opinion on pivotal ADA and EEOC jurisdictional issues, the U.S. District Court for the Eastern District of Pennsylvania in EEOC v. Geisinger Health, et al. called mostly strikes against...more
At one time or another, one of your employees may have had a serious health condition resulting in multiple absences, followed by a release to return to work with restrictions that you believed prevented the employee from...more
Must an employer permit an employee with a disability to job share if the employer has a flexible work policy that permits managers to create part-time job-sharing positions? The U.S. Court of Appeals for the Fourth Circuit...more
On June 8, 2021, the New Jersey Supreme Court in Richter v. Oakland Board of Education affirmed the Appellate Division’s ruling that an employee asserting a failure to accommodate claim does not have to separately establish...more
Seyfarth Synopsis: The New Jersey Supreme Court held that a plaintiff need not plead an adverse employment action such as a termination or demotion to establish a prima facie case of failure to accommodate a disability under...more
If disabled employees are no longer able to perform the essential functions of their job even with reasonable accommodation, under the Americans with Disabilities Act the employer must consider transferring the workers to an...more
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
The ADA Amendments Act of 2008 (ADAAA) substantially lowered the bar for plaintiffs to demonstrate a protected disability under the Americans with Disabilities Act. However, on occasion we still see federal courts reject ADA...more
Q: I understand that employers may be required to offer reasonable accommodations to hearing-impaired applicants and employees. When are accommodations required? What kind of accommodations must employers offer?...more
The Americans with Disabilities Act is not an affirmative action law. Employers are not required to waive basic job requirements if the applicant or employee is unable to perform them due to a disabling medical condition....more
A case in a Louisiana federal court addressed an unusual question: what if circumstances at a hospital require that you, rather than hospital personnel, be the one to tell your mother she has only two weeks to live? Do you...more
Seyfarth Synopsis: In a recent win for employers, the Fifth Circuit clarified that opened-ended or unlimited requests to work from home are unreasonable under the Americans with Disabilities Act (“ADA”) and may be rejected...more
The Americans with Disabilities Amendment Act significantly broadened the definition of protected disabled individuals under federal antidiscrimination law. In subsequent rules implementing ADAAA, the Equal Employment...more
Over the course of a career many workers experience the displeasure of dealing with a difficult supervisor — the type of individual whose mere presence in the workplace is a source of dread and whose name inspires feelings of...more
In an article published recently in The Wall Street Journal (“Disability Lawsuits Against Small Businesses Soar,” October 15, 2014), staff writer Angus Loten reported that accessibility lawsuits brought under the Americans...more
A federal district court has recently ruled that a night-shift emergency dispatcher with diabetes and hypertension, whose doctor stated that his health would be improved by working day shifts, could proceed on his claim that...more