Eighth Circuit Reverses Dismissal of Putative Class Claims
DE Under 3: Reversal of 2019 Enterprise Rent-a-Car Trial Decision; EEOC Commissioner Nominee Update; Overtime Listening Session
Revisiting McGirt: New Legal Developments Challenge Oklahoma’s Landmark Ruling
Court of Appeals Reversals from a Criminal Perspective | Jim Huggler | Texas Appellate Law Podcast
The Immediate and Lasting Impacts of McGirt: A Novel Ruling for Oklahoma
The Dangers of Untimely Filings – What Employers Need to Know
Nota Bene Episode 98: The U.S. Supreme Court’s Mark on U.S. Antitrust Law for 2020 with Thomas Dillickrath and Bevin Newman
#BigIdeas2020: NLRB’s Actions Impact Employers in 2020 - Employment Law This Week® - Trending News
Jones Day Talks: Women in IP: The Supreme Court's "Copyright Day"
Podcast: South Dakota v. Wayfair
E17: Carpenter Decision Builds Up Privacy from #SCOTUS
I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class
When advising employers about the legal risks associated with a business reorganization, we generally advise that discrimination claims are less likely when a company closes an entire facility or department as compared to...more
The Americans with Disabilities Act requires employers to provide reasonable accommodations that allow disabled employees to perform the essential functions of their jobs. Over the years, federal appellate courts have reached...more
Fifth Circuit precedent recognizes the “general consensus among courts” that regular, in-person work is an essential function of most jobs. Yet the continued viability of this premise has been in question, given the ability...more
Your employee requests a reasonable accommodation under the Americans with Disabilities Act (ADA) but you refuse to grant it. If the employee continues to perform their job, can the employee still sue you for refusing the...more
Can someone who has no intention of using your services or buying your products sue you because your website is not accessible? In Acheson Hotels v. Laufer, the United States Supreme Court has agreed to hear a case on whether...more
Class action disability discrimination cases can be particularly difficult. While there is little question of whether a particular individual is in a protected group in a typical case involving race, gender or age, the...more
Once an employee requests an accommodation, the employer has a duty to engage in an “interactive process” to try to determine whether the employer can accommodate the employee’s disability...more
While the issue of whether private employers can legally enforce vaccine mandates among their workforce continues to be challenged across the country, a split panel in the Fifth Circuit is the first appellate court to signal...more
Ninth Circuit Reverses Class Action Settlement Approval and Fee Award - The Ninth Circuit Court of Appeals has reversed the approval of a $10 million voucher settlement and a $2.6 million attorneys’ fee award in a class...more
If disabled employees are no longer able to perform the essential functions of their job even with reasonable accommodation, under the Americans with Disabilities Act the employer must consider transferring the workers to an...more
The Americans with Disabilities Act requires employers to provide reasonable accommodations to employees with protected disabilities. Another part of the ADA requires employers to refrain from discriminating against disabled...more
Key Points •The ministerial exception protects religious employers from government interference in internal employment disputes involving the selection, supervision, and removal of individuals who play an important role...more
On July 8, 2020, in a 7–2 decision, the U.S. Supreme Court in Our Lady of Guadalupe School v. Morrissey-Berru expanded the “ministerial exception,” which allows religious organizations to avoid federal anti-discrimination...more
On July 8, 2020 the United States Supreme Court ruled that the U.S. civil rights laws barring discrimination on the job do not apply to most lay teachers at religious elementary schools. The decision extends earlier Supreme...more
In Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. ___, 2020 WL 3808420 (2020) (“Morrissey-Berru”), the United States Supreme Court provided further guidance on the application of the “ministerial exception,” which...more
The U.S. Supreme Court (“the Court”) today re-emphasized the “ministerial exception” to discrimination laws. The “ministerial exception” is a court-created doctrine that prevents the U.S. courts from becoming entangled in the...more
Our Lady of Guadalupe School v. Morrissey-Berru, No. 19-267: The Court has recognized that the First Amendment protects the right of religious institutions “to decide for themselves, free from state interference, matters of...more
The California Court of Appeals, Fourth Appellate District, recently reversed a lower court ruling against a visually impaired plaintiff who alleged that a credit union’s website was incompatible with screen-reader software....more
On April 3, 2020, a three-judge panel of the U.S. Fifth Circuit in EEOC v. Vantage Energy Services, Inc., No. 19-20541, clarified its interpretation of the relate-back doctrine for administrative charges. The Fifth Circuit...more
In order to claim discrimination under the Americans with Disabilities Act, employees must demonstrate that they could perform the essential functions of the job but were denied a reasonable accommodation. Some employers...more
In recent years, a number of federal courts have drawn differing conclusions with regard to whether obesity is a protected disability under the Americans with Disabilities Act. While some courts have reached this conclusion,...more
The U.S. Supreme Court has agreed to review two consolidated cases that will afford it an opportunity to develop the “ministerial exception” to employment discrimination laws it first announced in a 2012 case, Hosanna-Tabor...more
The Americans with Disabilities Act not only protects persons with actual medical conditions but also those regarded by their employer as disabled, even if they are not. A new decision from the Sixth Circuit Court of Appeals...more
The Sixth Circuit Court of Appeals recently reversed a district court’s summary judgment in favor of Maryville Anesthesiologists (MA). A former MA employee, Paula Babb, alleged that MA violated the Americans with Disabilities...more
On October 7, 2019, United States Supreme Court declined to hear an appeal of a decision by the Ninth Circuit presenting a question of significant importance to business owners engaged in ecommerce: Does Title III of the ADA...more