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Summary Judgment Conditional Job Offers

Seyfarth Shaw LLP

Nuclear Power Company Avoids ADA Discrimination Claim Meltdown

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Seyfarth Synopsis: In Flaherty v. Entergy Nuclear Operations, Inc., ___ F.3d ___, No. 18-1759, 2019 WL 7046367, at *1 (1st Cir. Dec. 23, 2019), the First Circuit struck a terminated nuclear plant security officer’s...more

Littler

Fifth Circuit Deals a Blow to EEOC’s Criminal Record Guidance

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On August 6, 2019, in Texas v. EEOC, the U.S. Court of Appeals for the Fifth Circuit dealt the EEOC a significant setback, largely affirming the district court’s decision that the EEOC violated the federal Administrative...more

Payne & Fears

Key California Employment Law Cases: August 2018

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This month’s key employment law cases address pre-employment physicals, appeals from California Labor Commissioner awards, and background checks.   EEOC v. BNSF Ry. Co., 902 F.3d 916 (9th Cir. 2018)...more

Seyfarth Shaw LLP

Federal Court Rules That The EEOC Can Mess With Texas In Felon Hiring Lawsuit

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Seyfarth Synopsis: In a showdown between the State of Texas and the EEOC – whereby Texas alleged that the EEOC’s “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title...more

Seyfarth Shaw LLP

Ouch: EEOC Gets Summary Judgment Win Relative To Employer’s Medical Testing

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Seyfarth Synopsis: In an ADA action alleging that a maker of train components discriminated against a group of applicants by regarding them as disabled, a federal district court in Illinois granted the EEOC’s partial motion...more

Jackson Lewis P.C.

Court Labels Employer Post-Offer Medical Examination “Textbook Case” of ADA Regarded As Liability

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When used lawfully, post-offer, pre-employment medical examinations can be a powerful tool. But a recent federal district court case demonstrates the importance of carefully implementing such programs...more

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

Is Obesity a Disability Under the ADA Not Without Physical Impairment Eighth Circuit Rules

Obesity does not meet the definition of a “disability” under the Americans with Disabilities Act (ADA) for either the discrimination or “regarded as” provisions of the statute, a panel of the Eighth Circuit Court of Appeals...more

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