Reasonable Accommodation Hiring & Firing Wrongful Termination

News & Analysis as of

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

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

EEOC Sues M&T Bank for Disability Discrimination

Bank Fired Manager Instead of Accommodating Her Disability, Federal Agency Says - BALTIMORE - Manufacturers and Traders Trust Company, doing business as M&T Bank, violated federal law when it refused to provide a...more

New Image Building Services Sued By EEOC for Disability Discrimination

Employee Discharged Because He Has Scoliosis, Federal Agency Charges - DETROIT - New Image Building Services, Inc., a Troy, Mich.-based cleaning company, has been sued by the U.S. Equal Employment Opportunity Commission...more

EEOC Sues Cushman & Wakefield for Disability Discrimination

Commercial Real Estate Services Company Fired Employee with Breast Cancer, Federal Agency Charges - BALTIMORE - Cushman & Wakefield refused to provide a reasonable accommodation to an employee with breast cancer and...more

California Federal Court Reminds Employers That They Must Carefully Navigate Disability Accommodation Process

The obligation to accommodate a disabled employee is an ongoing one; a doctor’s note may not be a prerequisite to engage in the interactive process – those are two important lessons that employers should take away from a...more

Employer Policy Failure Precludes Summary Judgment on Discrimination Claim

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

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

EEOC Sues Greenville Ready Mix Concrete for Religious Discrimination

Contractor Fired Seventh-day Adventist Because of His Sabbath Request, Federal Agency Charged - WINTERVILLE, N.C. - Greenville Ready Mix Concrete, Inc., a North Carolina company based in Winterville, violated federal law...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

Reasonable Accommodation Protections Expanded to Non-Disabled Employees

Seyfarth Synopsis: California court creates new duty to accommodate employees who, although not themselves disabled, are associated with a disabled person. The Court of Appeal decision in Castro-Ramirez v. Dependable...more

California Court Requires Employers to Provide Reasonable Accommodations to Employees Who Are “Associated With” a Disabled Person

The California Court of Appeal, in its highly controversial opinion in Castro-Ramirez v. Dependable Highway Express, held that under the California Fair Employment and Housing Act (“FEHA”), an employer’s duty to provide...more

California Court of Appeal Finds that Employers are Required to Reasonably Accommodate Even Non-disabled Employees

On April 4, 2016, the California Court of Appeal issued an unprecedented ruling in Castro-Ramirez v. Dependable Highway Express that the California Fair Employment and Housing Act (FEHA) requires employers to reasonably...more

Fenwick Employment Brief

Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more

When is an Employee’s Disability a Factor in his Dismissal?

On June 30, 2015, the Court of Appeal of Alberta released its decision in Stewart v Elk Valley Coal Corporation, 2015 ABCA 225 (“Stewart”) and clarifying what constitutes discrimination. In Stewart, the employer...more

Conscientious Objectors in the Workplace

Recently, the news has been filled with employees who refuse to perform their duties based on political, moral, or religious beliefs. Kentucky clerk Kim Davis was jailed for refusing to issue marriage licenses to same sex...more

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

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

Creed and Association: Breach of Human Rights Leads to Harsh Penalties

The decision in H.T. v ES Holdings Inc. o/a Country Herbs (“Country Herbs”) 2015 HRTO 1067 (CanLII) (“Country Herbs”) serves as a reminder to employers of the significant liability that they face when a claim of...more

CLIENT ALERT: Delaware Expands Employment Anti-Discrimination Statute

Delaware recently joined a growing number of states by expanding its employment anti-discrimination statute to provide protections to employees who are victims of domestic violence, sexual offenses, or stalking. In addition...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

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

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

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

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

Can a Fragrance Allergy Lead to an ADA or FMLA Claim?

No, we’re not talking about the skit performed by the McNees Players at our recent Labor and Employment Seminar. In a recent case, an employee alleged that she suffered from a fragrance allergy and “multiple chemical...more

Do You Have to Guess?

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

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