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In Tufts Medical Center v. Dalexis et. al., the Massachusetts Appeals Court held that a hospital employer failed to engage in the interactive process, and discriminated against and constructively discharged a disabled nurse...more
Who's the boss? Employer liable for MD's assault on member of staff - The Court of Appeal found an employer liable for its managing director's assault on a member of staff during a post-Christmas party drinking session, in...more
On September 18, 2018, a year after a three-judge panel of the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of Marsh v. J. Alexander’s LLC, 869 F.3d 1108, a larger en banc panel of the court has...more
There has been a burst of recent Americans with Disabilities Act (ADA) decisions from around the country that can teach valuable lessons to employers. Last month, we looked at three cases examining the question of whether an...more
The federal appeals court that covers Oklahoma recently ruled in favor of Walmart in a lawsuit filed by a disabled former employee. Disabled maintenance employee terminated after refusing to clean restrooms - Simone...more
Contrary to the Equal Employment Opportunity Commission’s (EEOC) position discussed in last week’s EmployNews, federal courts continue to allow employers to require employees to actually come to work. Last month, the Fifth...more
The Tenth Circuit Court of Appeals recently affirmed summary judgment on behalf of the employer in a case where the employee claimed that the requirement to be a Department of Transportation-certified driver was not an...more