News & Analysis as of

Leave of Absence Disability Discrimination

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

Connecticut Appellate Court Finds No Associational Claims Under State’s Discrimination Law

A Connecticut appellate court recently held that the Connecticut Fair Employment Practices Act (CFEPA) does not recognize a cause of action for associational disability discrimination....more

Epstein Becker & Green

First Circuit Rules in Favor of Private School in Teacher’s ADA Suit

Epstein Becker & Green on

On November 7, 2023, the United States Court of Appeals for the First Circuit affirmed the United States District Court for the District of Massachusetts’ dismissal of a teacher’s suit against her former employer, Austin...more

Sands Anderson PC

Navigating Reasonable Accommodations: Lessons from the Fourth Circuit’s Recent UPS Case

Sands Anderson PC on

Does either party get the benefit of consideration when an employer and an employee disagree about the choice of a reasonable job accommodation for an employee who has sustained a disabling injury? This was an issue when the...more

Constangy, Brooks, Smith & Prophete, LLP

That well-endowed Canadian teacher -- what would've happened here?

This is a G-rated post. PG at worst. Toronto-area shop teacher Kayla Lemieux -- you know, the one with the famous Z-cup breasts -- has been placed on a leave of absence now that the New York Post has reported that she is...more

Bradley Arant Boult Cummings LLP

Avoid the Naughty List: Eighth Circuit Insight into Handling Requests for Reasonable Accommodations under the ADA

We can’t pass up the opportunity to encourage you to stay off the naughty list by telling you about this Eighth Circuit case offering guidance on working with your employees who request ADA accommodations. In Joseph Mobley v....more

Bodman

Sixth Circuit Reinstates Failure-to-Accommodate Claim Because Employer Prematurely Halted the Interactive Process

Bodman on

A recent opinion by the Sixth Circuit Court of Appeals (“Sixth Circuit” or “Court”), King v. Steward Trumbull Memorial Hospital (4/7/2022), addressed whether an employer failed to accommodate its employee’s potentially...more

Stoel Rives - World of Employment

Ninth Circuit Rules That a Temporary Impairment Can Qualify as a “Disability” Under the ADA

The U.S. Court of Appeals for the Ninth Circuit, the federal appellate court with jurisdiction over much of the western United States (including Washington, Oregon, California and Idaho), ruled last week that an employee’s...more

Bradley Arant Boult Cummings LLP

Leave as a Reasonable Accommodation Continues to Vex Employers

Admittedly, it is a tricky situation. An employee needs time off from work because of a medical issue. The employee is not eligible for leave under the Family and Medical Leave Act (FMLA), so the employer cannot call it...more

Foley & Lardner LLP

Federal Court Says It Is OK to Consult With Counsel Before Taking Employment Action

Foley & Lardner LLP on

A recent decision from the U.S. Court of Appeals for the First Circuit (covering Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island) examining retaliatory employment conduct reinforces the advisory nature of...more

U.S. Equal Employment Opportunity Commission...

Sierra Academy of Aeronautics to Settle EEOC Disability and Retaliation Lawsuit

Flight Instruction Companies Fired Employee With Disability for Taking a Medical Leave of Absence, Federal Agency Charged - FRESNO, Calif. –KS Aviation, Inc., doing business as the Sierra Academy of Aeronautics in...more

Carlton Fields

Using the EEOC's "Interactive Process" Framework to Address COVID-19 Reasonable Accommodation Requests

Carlton Fields on

Even for companies experiencing significant business interruptions due to the ongoing COVID-19 crisis, human resources and workplace compliance professionals remain hard at work, trying to support workforces that (1) may have...more

Hogan Lovells

Employment News: PHI, age discrimination, breach of contract

Hogan Lovells on

What's in a name? Return to work was a return to employee's old role - In ICTS (UK) Ltd v Visram the Court of Appeal confirmed that an employee was entitled to receive long term disability benefit until he was able to...more

Burr & Forman

Employer Preparation for Coronavirus (COVID-19)

Burr & Forman on

As the number of coronavirus (COVID-19) cases climbs in the U.S. and across the world employers should prepare for practical and legal issues brought on by the disease. While these efforts are complicated by the fact that, to...more

U.S. Equal Employment Opportunity Commission...

M&T Bank Will Pay $100,000 to Settle EEOC Disability Discrimination Lawsuit

Bank Failed to Accommodate Manager With Pregnancy-Related Disability, Federal Agency Charged - BALTIMORE - Manufacturers and Traders Trust Company, doing business as M&T Bank, will pay $100,000 and provide significant...more

Proskauer - California Employment Law

Employer That “Mistakenly” Terminated Employee On Disability Leave May Be Liable For Discrimination

Glynn v. Superior Court, 42 Cal. App. 5th 47 (2019) - John Glynn worked as a pharmaceutical sales representative before he commenced a medical leave of absence for a serious eye condition (myopic macular degeneration)....more

Hogan Lovells

Employment News: disability, investigations, women on boards

Hogan Lovells on

If it ain't broke – removing extended absence trigger a failure to make a reasonable adjustment - Removing an extended sickness absence trigger point from an employee with ME/ chronic fatigue syndrome was a failure to make...more

Littler

Littler Global Guide - Canada - Q3 2019

Littler on

With some Canada Labour Code (CLC) amendments in Bill C-44, the Budget Implementation Act, 2017, No. 1 (Bill 44) having come into force in 2017 and earlier in 2019, some additional amendments in Bill C-44 came into force as...more

Parker Poe Adams & Bernstein LLP

Employee's Request for Leave Triggered ADA Accommodation Obligations

The EEOC and federal courts have repeatedly said that employees seeking accommodations for disabilities under the ADA do not have to use any “magic words” to trigger the employer’s obligations. A recent decision from the...more

Littler

Canada: How to Manage Unresponsive Employees on Leave

Littler on

Canadian law clearly requires employers to accommodate employees with disabilities unless it causes an undue hardship. But how are employers to deal with employees on medical leave who do not communicate with the employer? At...more

Proskauer - California Employment Law

California Jury Rejects Employee’s Discrimination Claims Against Chipotle

Proving it still is possible to obtain a favorable jury verdict in California, a federal jury sided with Chipotle Mexican Grill last Wednesday in a case involving disability discrimination claims by former assistant store...more

U.S. Equal Employment Opportunity Commission...

Wilmington Trust Corporation to Pay $700,000 to Settle EEOC Disability Discrimination Suit

Predecessor Hudson City Savings Bank Denied Disability Accommodations to Employees, Federal Agency Charged - NEW YORK - Wilmington Trust Corporation, a Delaware corporation and wholly owned subsidiary of M&T Bank...more

Foley & Lardner LLP

An Accommodation Request? But We Were Just Talking!

Foley & Lardner LLP on

In a conversation about his tardy attendance, an employee tells his manager he is having difficulty arriving to work because his sleep apnea interferes with his rest and prevents him from waking up on time. He adds that he is...more

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

Untangling Complex Leave Issues – Part I

In the first episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including the interplay between the...more

Fisher Phillips

How To Ensure ADA Compliance And Stay Off The EEOC’S Most-Wanted List

Fisher Phillips on

Even though the #MeToo movement has rightfully commanded overwhelming attention during the past year or so, supervisors cannot afford to lose sight of their substantial legal duties in complying with the Americans with...more

U.S. Equal Employment Opportunity Commission...

Triton Management Services to Pay $110,000 To Settle EEOC Disability Lawsuit

Management Services Company Denied Medical Leave to Employee Then Fired Her, Federal Agency Charged - SAN DIEGO, Calif. -Triton Management Services, LLC, headquartered in Carlsbad, Calif., agreed to pay $110,000 and...more

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