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Reasonable Accommodation › Burden of Proof

Fisher Phillips

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

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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

Tonkon Torp LLP

Update On Proposed Oregon Legislation – What Employers Need To Know

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For this second installment in our legislative update series we have a status report on the employment-related bills discussed in our previous alert, as well as a survey of the bills that have since been introduced related to...more

Payne & Fears

Key California Employment Law Cases: December 2019

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This month's key California employment law cases involve disability discrimination, wage and hour, and arbitration agreements enforcement. Doe v. Dept. of Corrections & Rehabilitation, No. E071224, 2019 WL 6907515 (Cal....more

Fisher Phillips

Federal Appeals Court Says Extreme Obesity Alone Is Not Enough For ADA Coverage

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A federal Court of Appeals just ruled that extreme obesity not caused by an underlying physiological disorder or condition does not qualify as an impairment under the ADA. Under the 7th Circuit’s June 12 ruling, proof that...more

Parker Poe Adams & Bernstein LLP

Failure to Explain Inconsistency Between SSDI Application and ADA Claims Results in Dismissal

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In its Cleveland v. Policy Mgmt. Syst. decision, the U.S. Supreme Court said that an application for Social Security Disability Insurance (SSDI) benefits does not automatically kill a plaintiff’s contemporaneous assertion...more

BCLP

HR Two Minute Monthly: discrimination; gender pay gap reporting; equal pay

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Our February update considers recent developments in employment law, including cases on discrimination and equal pay. We also outline other points of note, including developments relating to right to work checks, the Equality...more

Parker Poe Adams & Bernstein LLP

Ninth Circuit Says Employee Bears Burden at Trial of Proving Available ADA Accommodation

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We typically avoid reporting on cases that involve procedural issues primarily of interest to trial lawyers. However, once in a while, a procedural decision can have significant impacts on how employers structure their human...more

McAfee & Taft

Employer successfully fights EEOC subpoena

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Any employer that has gone through an Equal Employment Opportunity Commission (EEOC) investigation knows one thing is certain: you will have to provide mountains of documents. Normally, the EEOC will informally request...more

Obermayer Rebmann Maxwell & Hippel LLP

One Bite, Two Apples: Third Circuit Confirms That Requests For Leave Under the FMLA Can Simultaneously Qualify As A Request For A...

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The interplay between the Family and Medical Leave Act (“FMLA”) and the Americans with Disabilities Act (“ADA”) is an area of confusion for most employers. This confusion is understandable as both statutes serve distinct...more

McAfee & Taft

Revisiting the direct threat defense under the ADA

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One of the defenses available to an employer under the Americans with Disabilities Act (ADA) is the idea that an accommodation of a qualified individual with a disability cannot be made when the employee poses a “direct...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court Affirms FHA Disparate Impact Claims

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Late last month, the Supreme Court handed down a significant decision affecting rights and obligations under the Fair Housing Act. The Court’s 5-4 decision in Texas Department of Housing and Community Affairs v. Inclusive...more

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