News & Analysis as of

Summary Judgment Medical Leave

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

Eleventh Circuit Upholds Ruling for Employer on ADA Claims Where Employee Submitted Noncompliant Return-to-Work Letter

On February 7, 2024, in Jones v. Georgia Ports Authority, the U.S. Court of Appeals for the Eleventh Circuit affirmed a district court’s grant of summary judgment for an employer where a former employee who requested an...more

Butler Snow LLP

6th Circuit Reinstates Failure-to-Accommodate Claim Against Employer That Terminated Employee With Outstanding Leave Request

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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

Laner Muchin, Ltd.

Seventh Circuit Affirms that Multi-Month Leave of Absence Is Not Reasonable Accommodation Under ADA

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In a recent opinion, the United States Court of Appeals for the Seventh Circuit affirmed that a multi-month leave of absence is not a reasonable accommodation under the Americans with Disabilities Act (ADA)....more

Proskauer - California Employment Law

Gay CHP Officer May Have Been Constructively Terminated

Brome v. California Highway Patrol, 44 Cal. App. 5th 786 (2020) - Jay Brome sued the California Highway Patrol (“CHP”) after resigning as a law enforcement officer, claiming he had been subjected to harassment and...more

Payne & Fears

Key California Employment Law Cases: January 2020

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Ridgeway v. Wal-Mart, Inc., 946 F.3d 1066 (9th Cir. 2020) - The employer must pay minimum wages to employees for time spent on mandated layovers where the employer’s policy imposes constraints on employees’ movements...more

U.S. Equal Employment Opportunity Commission...

M&T Bank Will Pay $100,000 to Settle EEOC Disability Discrimination Lawsuit

Bank Failed to Accommodate Manager With Pregnancy-Related Disability, Federal Agency Charged - BALTIMORE - Manufacturers and Traders Trust Company, doing business as M&T Bank, will pay $100,000 and provide significant...more

Payne & Fears

Key California Employment Law Cases: November 2019

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Carroll v. City & Cnty. of S.F., 41 Cal. App. 5th 805, 254 Cal. Rptr. 3d 519 (2019) - Summary:  Each alleged reduction of monthly disability retirement benefit payments for discriminatory reasons was continuing violation...more

Genova Burns LLC

Employee’s Failure to Cooperate Deemed Fatal to Disability Pregnancy Claims

Genova Burns LLC on

The Appellate Division has stopped a former medical resident’s discrimination and constructive discharge claims from proceeding because the resident did not do everything in her power to remain employed. On August 2, 2019, in...more

Seyfarth Shaw LLP

Whew! Fifth Circuit Reinforces Importance of Documenting Performance Issues

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Seyfarth Synopsis: In affirming summary judgment in favor of the defendant in an Family and Medical Leave Act (FMLA) interference and retaliation case, the Fifth Circuit reinforced the importance of documenting performance...more

Payne & Fears

Key California Employment Law Cases: March 2019

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This month’s key employment law cases address the religious organization exemption under Title VII of the Civil Rights Act and arbitration agreements....more

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

I Hate My Boss: Sixth Circuit Shuts Down ADA Request for Less Stressful Boss

The Sixth Circuit Court of Appeals recently reminded employers that, even under the more liberal standard for establishing a disability under the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), an employee who...more

Parker Poe Adams & Bernstein LLP

Note Questioning Mental Stability Justified Follow-Up by Employer Despite Doctor's Clearance

Sometimes when an employee returns from medical leave and presents a doctor’s clearance, the employer has serious questions about the employee’s actual ability to safely and effectively perform the job. A recent unpublished...more

Bradley Arant Boult Cummings LLP

Voluntarily Sharing Family’s Cancer History Bars GINA Claims, Court Holds

GINA—that elusive law about employers collecting genetic information that rarely comes up. What if an employee voluntarily shares his genetic history—can he turn around and claim his employer improperly acquired the genetic...more

Payne & Fears

Key California Employment Law Cases: February 2018

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Rojas v. HSBC Card Services Inc., 228 Cal. Rptr. 3d 640 (2018)- Summary: Installing recording device and recording calls on company phones renders actions intentional under California Invasion of Privacy Act. ...more

Holland & Knight LLP

Seventh Circuit Provides Clarity on Leaves of Absence and the ADA

Holland & Knight LLP on

The U.S. Court of Appeals for the Seventh Circuit recently held that an employer's refusal to offer an employee a two- or three-month medical leave of absence following his exhaustion of his Family Medical Leave Act (FMLA)...more

Proskauer - Law and the Workplace

7th Circuit Holds Long-Term Leave Is Not a Reasonable Accommodation Under the ADA

In a recent decision in Severson v. Heartland Woodcraft, Inc. (Sept. 20, 2017), the Seventh Circuit affirmed a district court’s ruling that an employer did not violate the Americans With Disabilities Act (ADA) by failing to...more

Jackson Lewis P.C.

Evidence That Younger Employees Violated Company Policy Without Consequences Results in Denial of Summary Judgment

Jackson Lewis P.C. on

In light of evidence that younger employees committed similar infractions as the plaintiff, and did not suffer significant disciplinary action, an Illinois federal district court denied an employer’s summary judgment motion....more

Burr & Forman

4th Circuit Bounces Bank's Request to Dismiss Manager's FMLA Case

Burr & Forman on

In a relatively recent decision, the U.S. Court of Appeals for the 4th Circuit (whose rulings apply to all South Carolina employers) found that an employer's faulty notice to an employee about his rights under the Family and...more

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

Does the ADA Protect a Customer Service Agent With Dissatisfied Customers? The Ninth Circuit Says No

The Ninth Circuit Court of Appeals recently ruled against a failure-to accommodate claim brought by a customer service employee who was fired for poor performance. According to the court, the former employee, who suffered...more

Seyfarth Shaw LLP

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

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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

Zuckerman Spaeder LLP

Kiss Your Retaliation Suit Hello: Company Faces Trial after Changing Explanation for Firing

Zuckerman Spaeder LLP on

When an employee brings a lawsuit alleging that his employer retaliated or discriminated against him, courts typically assess the claim by using a burden-shifting approach. Under this approach, after the employer offers a...more

Parker Poe Adams & Bernstein LLP

ADA Allows Employer to Reduce Employee to Part-Time Status After Return From Medical Leave

Here is a common human resource scenario: An employee goes out of work on medical leave. While she is away from work, the managers or co-workers who cover her duties discover that the work can be readily accomplished without...more

Manatt, Phelps & Phillips, LLP

Employment Law - June 2016 #2

California Considers Extending Fair Pay Act to Race, Ethnicity - Why it matters - Reflecting the nationwide trend of pay equity, a new bill under consideration by California legislators would extend the state's Fair...more

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

Assignment to a Lesser Position Upon Return From Leave May Support FMLA Interference Claim

The Eleventh Circuit Court of Appeals reversed summary judgment in favor of an employer, holding that a plaintiff’s testimony and evidence related to her transfer to a position of less responsibility upon return from leave...more

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