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Hiring & Firing › Wrongful Termination › Disability

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... more +
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 -
Parker Poe Adams & Bernstein LLP

Third Circuit Says Temporary Impairment Qualifies as ADA Disability

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Last month, we reported on a decision from the Sixth Circuit Court of Appeals (which includes Tennessee) concluding that an employee’s asthma did not constitute a protected disability under the Americans with Disabilities...more

Genova Burns LLC

Reminder To Employers: Even Temporary Impairments Can Be A Disability Under The Law

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Last week’s decision by the Third Circuit Court of Appeals, Morgan v. Allison Crane & Rigging LLC, stands as a reminder to employers to exercise caution in how they navigate accommodating employees with temporary medical...more

Proskauer - Law and the Workplace

Emerging Trend: ADA Does Not Cover Potential Future Disabilities

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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

McAfee & Taft

Appeals court rules diagnosed mental impairment not proven to be actual disability

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As many employers know, the ADA Amendments Act of 2008 (ADAAA) broadened the scope of who may be considered disabled under the Americans with Disabilities Act (ADA). Indeed, through the ADAAA, Congress sought to make it...more

Robinson & Cole LLP

Second Circuit Reverses ADA Jury Verdict for Pharmacist with Fear of Needles

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In Stevens v. Rite Aid Corp., No. 15-277 (March 21, 2017), the U.S. Court of Appeals for the Second Circuit reversed a jury award of almost $2 million in favor of a pharmacist who suffered from a fear of needles because he...more

Bradley Arant Boult Cummings LLP

Needle and the Damage Done: Pharmacist’s Phobia Not Enough for ADA Claim

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Can fear of an aspect of your job constitute a disability under the ADA? Depends on how essential the function is. In Stevens v. Rite Aid Corp, the Second Circuit Court of Appeals looked at the case of a Rite Aid pharmacist,...more

Farella Braun + Martel LLP

California Court Imposes Duty to Accommodate Non-Disabled Employees Associated With Disabled Persons

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On April 4, 2016, a California Court of Appeal set new precedent in Castro-Ramirez v. Dependable Highway Express, opining that the California Fair Employment and Housing Act (FEHA) may require employers to reasonably...more

Seyfarth Shaw LLP

Colorado Supreme Court Upholds Firing For Medical Marijuana Use

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In a closely watched case, the Colorado Supreme Court ruled that an employer could lawfully terminate an employee who tested positive for marijuana in a random drug test, even though the employee’s use of marijuana was...more

Seyfarth Shaw LLP

Fourth Circuit Affirms EEOC’s Resounding Summary Judgment Defeat in ADA Case

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In a case we have previously blogged about several times due to spoliation sanctions imposed on the EEOC – most recently here - the U.S. Court of Appeals for the Fourth Circuit affirmed a ruling out of the Middle District of...more

Mintz - Employment, Labor & Benefits...

Rocky Mountain High Part II: Colorado’s Highest Court Approves Employer’s Stance that Employee Toke is No Joke

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Last week the Colorado Supreme Court ruled that an employer can fire an employee for use of medical marijuana away from the workplace. The case is Coats v. Dish Network, No. 13SC394 (June 15, 2015). The plaintiff is a...more

Foley & Lardner LLP

Colorado Supreme Court Plays Debbie Downer for Medical Pot Users

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The wait is finally over. Employers in Colorado – and in other states with similar lifestyle laws – can breathe a sigh of relief following a recent ruling by the Colorado Supreme Court. In Coats v. Dish Network, a...more

Proskauer - Law and the Workplace

Colorado Supreme Court Okays Discharge of Medical Marijuana-Using Employee

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Colorado, like some other states including New York, has a law that generally prohibits an employer from discharging an employee for engaging in lawful activities outside of work. Earlier this week, in Coats v. Dish Network,...more

Holland & Knight LLP

Colorado Supreme Court Upholds Termination of Medical Marijuana User - A Trend Is Beginning for Courts to Permit Employers to...

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In Coats v. Dish Network, the Colorado Supreme Court held that the state’s “lawful activities” statute did not limit the right of an employer to discharge an employee for the employee’s lawful (under Colorado law) use of...more

Miller Canfield

Colorado High Court Finds Smoking Medical Marijuana a Drag on Employment

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The Colorado Supreme Court ruled that an employee who uses medicinal marijuana at home during non-working hours can be discharged for failing a drug test. While application may be limited by its heavy reliance on Colorado...more

Constangy, Brooks, Smith & Prophete, LLP

Colorado Supreme Court Beats the Reefer

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In a closely watched case involving legal protections for medical marijuana users, the Colorado Supreme Court decided yesterday that the state’s “lawful products” statute does not apply to activities that violate federal law....more

Faegre Drinker Biddle & Reath LLP

Colorado Supreme Court Confirms Medical Marijuana Use Is Not Protected by Colorado's Lawful Activities Statute

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On June 15, 2015, in a highly anticipated but not unexpected decision, the Colorado Supreme Court held that medical marijuana use, which is unlawful under federal law, is not a “lawful activity” under Colorado’s lawful...more

Ballard Spahr LLP

Colorado Supreme Court Upholds Firing Over Off-Duty Medical Marijuana Use

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An employer did not act unlawfully when it fired a quadriplegic worker who used medical marijuana while off duty, the Colorado Supreme Court ruled today in a 6-0 decision. Affirming the April 2013 decision of the Colorado...more

Sherman & Howard L.L.C.

Do You Have to Guess?

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Employers don’t have to guess an employee’s disability and force an accommodation under the ADA. In Walz v. Ameriprise Financial, Inc., No. 14-2495 (8th Cir. March 9, 2015), an employer fired its employee for repeated...more

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

California School Teacher’s Claim That She Was Fired Due to a Computer Error

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Rommel v. Los Angeles Unified School District, No. B253405 (December 5, 2014): In a recent unpublished ruling, the California Court of Appeal reversed a trial court’s judgment in favor of a school district and against a...more

U.S. Equal Employment Opportunity Commission...

Baker Wellness Center Illegaly Fired Employee Because of Disability, EEOC Claims in Lawsuit

U.S. Equal Employment Opportunity Commission... on

Company Openly Stated in Termination Letter That It Fired Employee Due to'Medical Problems' After Learning of Her Diabetes, Federal Agency Charges NEW ORLEANS -- Baker Wellness Center, Inc., a Baton Rouge, La., area adult day...more

Foley & Lardner LLP

Employer’s Super Anti-Harassment Policy May Increase Its Liability

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A federal court in Connecticut recently concluded that a fired employee could have a valid disability harassment claim based on statements prohibiting all harassment contained in the employer’s personnel manual. The company...more

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