News & Analysis as of September 21, 2024

Hiring & Firing › Employee Reassignment

+ Follow

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 -

The Netherlands: Reassignment Obligation Does Not Require Job Creation

Littler on 2/1/2021

Apart from summary dismissal situations, employers in the Netherlands can terminate an employment contract only if (i) they have reasonable grounds for doing so, and (ii) reassigning the employee within a reasonable timeframe...more

Fourth Circuit Ruling on ADA Reassignment Has Major Implications for Employers

Parker Poe Adams & Bernstein LLP on 12/4/2020

In the U.S. Supreme Court’s 2002 Barnett decision, the court held that qualified disabled employees are entitled to reassignment to an existing vacant position under the Americans with Disabilities Act if they become unable...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

Walmart to Pay $80,000 and Implement Nationwide Change in Policy to Settle EEOC Disability Lawsuit

U.S. Equal Employment Opportunity Commission... on 11/15/2019

Giant Retailer Refused to Accommodate Disabled Employee with Reassignment to a Nearby Store, Federal Agency Charged - BANGOR, Maine - Walmart Inc. will pay $80,000 and implement nationwide changes to its disability...more

Dear Littler: Can We Discipline An Employee Who "Took a Knee" During the Anthem?

Littler on 10/4/2017

Dear Littler: I work for a prominent company in a small city here in the Hoosier State, and we are very involved in our local community. We sponsor a corporate softball team, and last night one of our team members “took a...more

Different but Equivalent: Fourth Circuit Clarifies Parameters of Leave Under Family and Medical Leave Act

Smith Debnam Narron Drake Saintsing & Myers,... on 7/3/2017

On May 16, 2017, the United States Court of Appeals for the Fourth Circuit, which governs cases pending in North Carolina, issued an opinion that reveals the parameters within which an employer may fill an employee’s position...more

Court: Employees Seeking Accommodation Must Compete For Reassignment - Split In Circuits Could Lead To Supreme Court Intervention

Fisher Phillips on 12/28/2016

The 11th Circuit Court of Appeals ruled that a disabled worker forced to leave her position because of her physical impairment must compete for vacant jobs when seeking reassignment, handing a victory to her former employer....more

Reassignment to a Vacant Position Under the ADA: Eleventh Circuit Concludes the Best Candidate Gets the Job - But What About...

Ruder Ware on 12/23/2016

Earlier this month, the United State's Court of Appeals for the Eleventh Circuit, in EEOC v. St. Joseph's Hospital, Inc., announced that the Americans with Disabilities Act does not, as a reasonable accommodation, require the...more

Eleventh Circuit Holds the ADA Does Not Mandate Reassignment Without Competition or Preferential Treatment

Proskauer - Law and the Workplace on 12/20/2016

In EEOC v. St. Joseph’s Hospital, the Eleventh Circuit recently held that the reasonable accommodation standard under the ADA “only requires an employer allow a disabled person to compete equally with the rest of the world...more

9 Results

View per page

Page: of 1

Hiring & Firing › Employee Reassignment

"My best business intelligence, in one easy email…"