News & Analysis as of September 23, 2024

Employment Policies

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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 -

No Dog Days This Summer: In Howard v. City of Sedalia, the Eighth Circuit Clarifies the Scope of Reasonable Accommodations Again

Bradley Arant Boult Cummings LLP on 6/6/2024

What accommodations are reasonable under the ADA? Employers are required to provide modifications or adjustments that enable a job applicant to be considered for a position. Beyond the application process, employers must also...more

Connecticut Appellate Court Rules Employer Could Discharge Medical Marijuana User Impaired on the Job

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/27/2024

On March 19, 2024, the Connecticut Appellate Court upheld an employer’s right to discharge an employee for being impaired on the job from medical marijuana under a state law that provides employment protections for qualified...more

Court Clarifies Employers’ Rights Under Connecticut’s Palliative Use of Marijuana Act, Guidance on Drug Testing

Epstein Becker & Green on 3/26/2024

In a recent decision affirming summary judgment in favor of defendant Human Resources Agency of New Britain, Inc. (the “Agency”), the Connecticut Appellate Court (decision.pdf) provided employers with useful guidance about...more

Medical Marijuana Usage Is Not Protected Under the ADA, Vermont Federal Court Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/7/2024

On February 14, 2024, a judge of the U.S. District Court for the District of Vermont dismissed a plaintiff’s Americans with Disabilities Act (ADA) discrimination and failure-to-accommodate case, holding that his medical...more

Guide to Discrimination Law in Hong Kong

Mayer Brown on 3/1/2024

Introduction - GENERAL OVERVIEW - Hong Kong employers and employees have become increasingly aware of their rights and obligations under the anti-discrimination legislation since the passing of the Sex Discrimination...more

EEOC Vigorously Scrutinizing Employment Qualification Standards Under the ADA

Fox Rothschild LLP on 12/27/2023

In recent months, the U.S. Equal Opportunity Employment Commission (EEOC) has intensified its scrutiny of employer qualification standards under the Americans with Disabilities Act (ADA). This trend follows the EEOC’s...more

Workplace Law Update: 10 Essential Items on Your November To-Do List

Fisher Phillips on 11/6/2023

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Colorado Peculiarities

Seyfarth Shaw LLP on 7/31/2023

Seyfarth Synopsis: Seyfarth’s excellent publication “Cal-Peculiarities: How California Employment Law Is Different,” which is updated annually, highlights the many unique aspects of the Golden State’s employment law. ...more

California Appeals Court Provides Roadmap for Healthcare Employers to Defeat Discrimination Claims Over Vaccine Mandates

Fisher Phillips on 7/13/2023

A California Court of Appeal recently delivered valuable guidance for healthcare employers who had or continue to have vaccination mandates. In Hodges v. Cedars-Sinai Medical Center, the court concluded that a hospital did...more

The 9 Things Colorado Employers Should Do After Lawmakers Pass Batch of New Workplace Laws

Fisher Phillips on 6/22/2023

The Colorado legislature has been busy this season passing new employment laws, adding to your compliance obligations in a big way. We reviewed the key workplace laws that Colorado Governor Jared Polis signed into effect and...more

Fifth Circuit: Absent Special Circumstances, ADA Does Not Require Employers to Reassign Disabled Employees in Violation of...

Butler Snow LLP on 5/24/2023

The ADA requires employers to make “reasonable accommodations” to its disabled employees including “reassignment to vacant positions.” More than twenty years ago, however, the Supreme Court held that if another employee “is...more

Appeals court finds visually impaired employee unqualified for his position

McAfee & Taft on 5/9/2023

In a case that helps employers understand what a “reasonable accommodation” is, the Eleventh Circuit Court of Appeals recently affirmed a lower court’s ruling of summary judgment for a Georgia employer who was accused of...more

Beyond Accommodations: Supporting Workplace Neurodiversity

Miller Nash LLP on 4/7/2023

The Americans with Disabilities Act (ADA) has been an extraordinarily successful law. Certainly, individuals working in human resources know that there are challenging aspects to it, but access to the ability to work has...more

What is the Difference Between a Friendship and an Employment Relationship? Employment Laws Do Not Apply to a Friendship.

Mintz on 2/24/2023

The ex-nanny of two famous actors recently sued them for disability discrimination. She claimed the couple’s marital issues allegedly took a toll on her mental health as one of the actors began to lean on her for emotional...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

EEOC Issues New Mandatory Workplace Discrimination “Know Your Rights” Poster

Miller & Martin PLLC on 10/21/2022

The Equal Employment Opportunity Commission (EEOC) has issued a new mandatory “Know Your Rights: Workplace Discrimination is Illegal” poster....more

Puerto Rico Disability Discrimination Law Covers Registered and Authorized Medical Cannabis Patients

Jackson Lewis P.C. on 10/19/2022

Puerto Rico’s disability discrimination statute (Law 44-1985), the local counterpart of the Americans with Disabilities Act (ADA), has been amended to extend coverage to registered and authorized medical cannabis patients....more

Employment Law Now VI-116-Top 10 Employment Issues To Consider For The Summer Kick-Off

Cozen O'Connor on 5/31/2022

As we approach the unofficial start to Summer 2022, today's new episode addresses the 10 issues that should be on the radar of all employers....more

Employee with Mild Symptoms of COVID-19 Was Not “Disabled” Under California Law

Proskauer - California Employment Law on 5/26/2022

In Michelle Roman v. Hertz Local Edition Corp., a United States District Court Judge for the Southern District of California granted summary judgment in favor of Hertz, and against former employee Michelle Roman, whose...more

Yes, CBD Registers On a Drug Screen as THC and, Yes, You Can Be Terminated for It

Dickinson Wright on 5/17/2022

There is a lot to unpack in the Lehenky v. Toshiba America Energy Systems Corporation, Case No. 20-4573 (E.D. PA, February 22, 2022) case as it answers two very interesting questions. First, does CBD register on a drug screen...more

Unclear, Inconsistently Enforced Policy Supports Employee Discrimination Claim

Ballard Spahr LLP on 5/12/2022

Summary Shortly after requesting an accommodation for his disability, an employee was terminated for violating company policy. But because the policy at issue was vague, ever-evolving, and inconsistently enforced, the Utah...more

Why Will Smith’s Oscar Slap Matters – Disability Discrimination Revisited

White and Williams LLP on 4/5/2022

We all saw it live or on social media – Will Smith slapped Chris Rock during an Oscars on-stage moment that was unforgettable. Smith reacted to a joke that Rock expressed about Jada Pinkett Smith’s bald head. What either was...more

Stevens Transport Settles EEOC Disability Discrimination Suit

U.S. Equal Employment Opportunity Commission... on 3/15/2022

Trucking Company Refused to Hire Applicant After Learning He Had Taken Medical Leave at a Previous Job, Federal Agency Charged - DALLAS – Stevens Transport, the largest refrigerated trucking company in Texas, will pay...more

The Top 17 Workplace Law Stories from February 2022

Fisher Phillips on 3/2/2022

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

EEOC Sues Ranew’s Management Company for Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 12/22/2021

Fabrication, Coating, and Assembly Company Terminated Employee Because of His Depression, Federal Agency Charges - ATLANTA – Headquartered in Milner, Georgia, Ranew’s Management Company, Inc., local, state, and national...more

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