News & Analysis as of September 21, 2024

Appeals

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Admission That Business Unit Was Closed Due to Employee's Disability Precludes Dismissal of ADA Claim

Parker Poe Adams & Bernstein LLP on 2/23/2024

When advising employers about the legal risks associated with a business reorganization, we generally advise that discrimination claims are less likely when a company closes an entire facility or department as compared to...more

Patience is a Virtue: NJ Appellate Division Affirms Settlement of Discipline Bars Recovery Under the NJLAD

Genova Burns LLC on 6/21/2023

On May 1, 2023, in Onukogu v. New Jersey State Judiciary, the Superior Court of New Jersey, Appellate Division affirmed the trial court’s grant of summary judgement in favor of the employer, affirming the dismissal of the...more

NJ Appellate Division Rules No Age or Disability Bias in Termination of 60-Year-Old Employee

Genova Burns LLC on 4/17/2023

On March 29, 2023, the New Jersey Appellate Division affirmed an employer’s win after a former employee claimed he was fired on the basis of his age and disability. In Estate of Zoto v. Cellco Partnership d/b/a Verizon...more

Brain Tumor: A Little Too Little, Too Late — Sixth Circuit Addresses Late Disclosure of Disability

Bradley Arant Boult Cummings LLP on 2/21/2023

Employers sometimes face difficult decisions after learning of an employee’s disability. What if you learn of a disability after ongoing repeated employment deficiencies or even after a disciplinary or discharge decision...more

Fourth Circuit Backs Detailed Medical Inquiry for Safety-Sensitive Job

Parker Poe Adams & Bernstein LLP on 1/21/2022

The Americans with Disabilities Act prohibits employers from asking questions about an employee’s medical condition absent “business necessity.” What exactly constitutes business necessity has been the subject of litigation...more

Third-Party Reports and Discrimination

Stokes Wagner on 4/30/2021

On January 27, 2021, the Third Circuit Court of Appeals let employers know that they cannot use recommendations from psychologists to justify disability discrimination in hiring. In Gibbs v. City of Pittsburgh, 989 F.3d 226...more

SCOTUS Decision Impacts Discrimination Claims Against Religious Employers

Husch Blackwell LLP on 7/21/2020

Key Points •The ministerial exception protects religious employers from government interference in internal employment disputes involving the selection, supervision, and removal of individuals who play an important role...more

Health, safety and working conditions in France / First semester of 2020

Dechert LLP on 7/19/2020

This newsletter reviews five notable court holdings over the last semester. Moral harassment: the employer's investigation is valid even if all victims have not been interviewed (Cass, Soc., 8 January 2020, n°18-20.151) ...more

The U.S. Supreme Court Expands the Ministerial Exception

Dechert LLP on 7/15/2020

On July 8, 2020, in a 7–2 decision, the U.S. Supreme Court in Our Lady of Guadalupe School v. Morrissey-Berru expanded the “ministerial exception,” which allows religious organizations to avoid federal anti-discrimination...more

United States Supreme Court Clarifies the Scope of the Ministerial Exception

Payne & Fears on 7/13/2020

In Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. ___, 2020 WL 3808420 (2020) (“Morrissey-Berru”), the United States Supreme Court provided further guidance on the application of the “ministerial exception,” which...more

U.S. Fifth Circuit Clarifies Position: Later-Verified Charge Can Relate Back To Filing Date

Proskauer - Law and the Workplace on 4/16/2020

On April 3, 2020, a three-judge panel of the U.S. Fifth Circuit in EEOC v. Vantage Energy Services, Inc., No. 19-20541, clarified its interpretation of the relate-back doctrine for administrative charges. The Fifth Circuit...more

NJ Supreme Court: Employees Can Challenge Termination Decisions Based on Off-Duty Medical Marijuana Use

Ballard Spahr LLP on 3/18/2020

Last week, the New Jersey Supreme Court ruled that an employee who was fired after revealing that he used medical marijuana outside of work to treat his cancer has a basis to sue for disability discrimination under the New...more

Ask, Or You Shall Not Receive: 5th Circuit Nixes Accommodation Claim for Employee’s Failure to Ask for an Accommodation

Seyfarth Shaw LLP on 2/13/2020

Seyfarth Synopsis: Recently, when affirming summary judgment to the employer in a disability discrimination case, the Fifth Circuit Court of Appeals issued two welcome reminders. First, to pursue a disability accommodation,...more

4-Point Plan To Avoid Costly Workplace Mistakes

Fisher Phillips on 2/5/2020

When a California Court of Appeal revived a workplace lawsuit alleging state law disability discrimination and retaliation claims that had originally been dismissed by a trial court, it did more than decide that the mistaken...more

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

Lewitt Hackman on 1/2/2020

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

Key California Employment Law Cases: November 2019

Payne & Fears on 12/21/2019

Carroll v. City & Cnty. of S.F., 41 Cal. App. 5th 805, 254 Cal. Rptr. 3d 519 (2019) - Summary: Each alleged reduction of monthly disability retirement benefit payments for discriminatory reasons was continuing violation...more

ADA Not Violated By Refusal To Hire Due To Risk Of Future Disability

Laner Muchin, Ltd. on 11/18/2019

On October 29, 2019, the Seventh Circuit Court of Appeals held in Shell v. Burlington Northern Santa Fe Railway Company that the Americans with Disabilities Act’s (ADA) definition of “disability” is not met “where an employer...more

Emerging Trend: ADA Does Not Cover Potential Future Disabilities

Proskauer - Law and the Workplace on 11/14/2019

Heeding the adage “no one knows what the future may hold,” the Seventh, Eighth and Eleventh Circuits have uniformly refused to extend protections of the Americans with Disabilities Act (ADA) to employees with a perceived risk...more

Claim that over-the-counter medication caused positive drug test doesn’t reverse termination

McAfee & Taft on 11/13/2019

An Oklahoma refinery employee who was terminated after testing positive for amphetamines tried to get his job back by claiming that over-the-counter medication led to a false test result. He also argued the employer’s testing...more

Sixth Circuit clarifies how to establish a “regarded as” ADA claim and revives former employee’s suit with “smoking gun” email

Bricker Graydon LLP on 11/12/2019

The Sixth Circuit Court of Appeals recently reversed a district court’s summary judgment in favor of Maryville Anesthesiologists (MA). A former MA employee, Paula Babb, alleged that MA violated the Americans with Disabilities...more

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Hiring & Firing › Disability Discrimination › Appeals

Admission That Business Unit Was Closed Due to Employee's Disability Precludes Dismissal of ADA Claim

Patience is a Virtue: NJ Appellate Division Affirms Settlement of Discipline Bars Recovery Under the NJLAD

NJ Appellate Division Rules No Age or Disability Bias in Termination of 60-Year-Old Employee

Brain Tumor: A Little Too Little, Too Late — Sixth Circuit Addresses Late Disclosure of Disability

Fourth Circuit Backs Detailed Medical Inquiry for Safety-Sensitive Job

Third-Party Reports and Discrimination

SCOTUS Decision Impacts Discrimination Claims Against Religious Employers

Health, safety and working conditions in France / First semester of 2020

The U.S. Supreme Court Expands the Ministerial Exception

United States Supreme Court Clarifies the Scope of the Ministerial Exception

U.S. Fifth Circuit Clarifies Position: Later-Verified Charge Can Relate Back To Filing Date

NJ Supreme Court: Employees Can Challenge Termination Decisions Based on Off-Duty Medical Marijuana Use

Ask, Or You Shall Not Receive: 5th Circuit Nixes Accommodation Claim for Employee’s Failure to Ask for an Accommodation

4-Point Plan To Avoid Costly Workplace Mistakes

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

Key California Employment Law Cases: November 2019

ADA Not Violated By Refusal To Hire Due To Risk Of Future Disability

Emerging Trend: ADA Does Not Cover Potential Future Disabilities

Claim that over-the-counter medication caused positive drug test doesn’t reverse termination

Sixth Circuit clarifies how to establish a “regarded as” ADA claim and revives former employee’s suit with “smoking gun” email

No Crystal Ball for the ADA: Future Disabilities Not Protected Under Act

Seventh Circuit Rejects ADA Claim Based on Fear of Future Disabilities

Does the ADA Protect Employees from Discrimination Based on Potential Future Disabilities?

Key California Employment Law Cases: June 2019

ADA Litigation Lessons Surfaced From a Zamboni Machine

Hiring & Firing › Disability Discrimination › Appeals

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