News & Analysis as of

Reasonable Accommodation Hiring & Firing Appeals

Mass. Court Clouds Marijuana in the Workplace Issues

by Foley & Lardner LLP on

A recent unanimous decision by the highest state court in Massachusetts sends a warning signal to employers in all states. Marijuana in the workplace is a complex and unsettled legal issue that will require all employers to...more

Use Of Medicinal Marijuana Not A Facially Unreasonable Accommodation Under Massachusetts Employment Discrimination Law

by DeWitt Law, LLC on

In a case that may be a precursor of things to come across the country as more and more states “legalize” the medicinal use of marijuana, in a July 17, 2017 decision in Barbuto v. Advantage Sales and Marketing, LLC, SJC...more

Medical Marijuana in the Workplace: An Employee's Balm; an Employer's Bane

by Bowditch & Dewey on

On July 17th, the Supreme Judicial Court ruled that Massachusetts employers may not terminate an employee merely because of his or her off-site use of medical marijuana. According to the Court, the use of medically-prescribed...more

Massachusetts: Medical Marijuana as a Reasonable Accommodation in the Workplace

As our readers know, we have been monitoring decisions regarding the ability of employers to take disciplinary action against employees for using marijuana at work. The most recent high court to weigh in on this topic is the...more

Massachusetts Permits Disability Discrimination Claims Based on Medical Marijuana Use

On July 17, 2017, the Massachusetts Supreme Judicial Court ruled in Barbuto v. Advantage Sales & Marketing, LLC, that an employee using medical marijuana in treatment of a chronic illness may qualify for protection against...more

Medical Marijuana Use May Be Reasonable Accommodation Under Massachusetts Law

by Holland & Knight LLP on

In a much-anticipated decision, the Massachusetts Supreme Judicial Court ruled on July 17, 2017, that an employee's use of medical marijuana to treat a qualified disability may be a reasonable accommodation under the...more

Massachusetts Employers See Medical Marijuana Defense Go Up In Smoke - Supreme Judicial Court Ruling Requires Employers To Engage...

by Fisher Phillips on

The highest state court in the Commonwealth of Massachusetts issued a decision yesterday announcing that handicapped employees who have been prescribed medical marijuana may be entitled to a reasonable accommodation under the...more

What is a Reasonable Accommodation under the ADA?

by Tucker Arensberg, P.C. on

The Americans With Disabilities Act (“ADA”) requires that employers provide employee’s with a qualifying disability with a reasonable accommodation, so long as the same does not represent an undue burden on the...more

Chris Lazarini Discusses Burden-Shifting Analysis in Discrimination Case

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini discussed a case in which the plaintiff, a former stockbroker, sued his employer after he was terminated claiming discrimination under the ADA and ADEA. Under these statutes and...more

Third Circuit Court Offers Employers Insight into FMLA and ADA

by PretiFlaherty on

The Third Circuit Court of Appeals recently waded into the waters of the Family Medical Leave Act of 1993 (FMLA) and the Americans with Disabilities Act (ADA), finding that an employer did not violate the FMLA or ADA where it...more

Second Circuit Rejects Employee’s Trypanophobia Claim

by Shipman & Goodwin LLP on

You don’t need to look for a needle in a haystack to figure out this latest case from the Second Circuit. But you do need to know what “trypanophobia” is....more

California Employment Law Notes - March 2017

Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things,...more

The “D” in the ADA Still Exists, Court of Appeals Reminds Us

by Jackson Lewis P.C. on

In 2009, Congress passed the Americans With Disabilities Amendments Act (ADAAA), unquestionably expanding the definition of a disability under the ADA and, for all practical purposes in most cases, shifting the focus of...more

Anxiety, Absenteeism, and the ADA

As accommodating and flexible as the Americans with Disabilities Act (ADA) compels employers to be, the harsh reality is that there are some jobs that a person with certain disabilities simply cannot do. When an employee...more

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

by Fisher Phillips on

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

Fifth Circuit Flips Grant Of Summary Judgment Against EEOC in ADA Case

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In an ADA action regarding disability discrimination, the Fifth Circuit reversed a District Court’s grant of summary judgment in favor of the employer and against the EEOC, noting that even though the...more

Court rules unauthorized absence justifies firing

by McAfee & Taft on

The federal appeals court that covers Oklahoma recently ruled in favor of Dillon Companies, Inc., a Kansas corporation that does business as King Soopers, in a lawsuit filed by a former grocery store employee who claimed he...more

Employer Policy Failure Precludes Summary Judgment on Discrimination Claim

by Seyfarth Shaw LLP on

Seyfarth Synopsis: California Court of Appeal reverses a summary judgment for an employer that failed to follow its own policy regarding layoffs. Moore v. Regents of the University of California serves as a reminder to...more

The Final Word? The Ontario Court of Appeal upholds an astounding 10 years of back pay and employee reinstatement

by Dentons on

Readers of this blog may recall reading in 2014 about the Ontario Divisional Court upholding the Ontario Human Rights Tribunal’s order for 10 years of back pay and employee reinstatement. The decision was reached in the case...more

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

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

Changes to Pay Structure in Lieu of Requested Accommodations May Violate ADA and FMLA

Employers that receive requests for accommodation made by a disabled employee must remain careful about making significant changes to that employee’s terms and conditions of employment prior to concluding review and...more

New Jersey Appellate Division Rules that Nurse’s Termination Based On Her Physical Limitations Could Violate The NJLAD

by Genova Burns LLC on

On August 28, 2015, the Superior Court of New Jersey, Appellate Division in Grande v. Saint Clare’s Health System, reversed the decision of the trial court granting summary judgment to the defendant finding that plaintiff’s...more

Third Circuit Says Employer Did Not Retaliate Against Employee by Disallowing Tape Recording of Disciplinary Meeting

The Americans with Disabilities Act requires employers to engage in an interactive process to determine if a qualified individual with a disability can perform the essential functions of the job through provision of...more

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

Telecommuting May Not Always Be a Reasonable Accommodation Under the ADA

by Pepper Hamilton LLP on

An en banc panel of the Sixth Circuit Court of Appeals (Court) recently upheld the trial court’s grant of summary judgment in favor of Ford Motor Company in EEOC v. Ford Motor Company, on the basis that telecommuting was not...more

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