Henry Shapiro

Jackson Lewis P.C.

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Seventh Circuit Affirms Summary Judgment For Employer That Terminated Disabled Employee For Misconduct

The Seventh Circuit Court of Appeals recently upheld dismissal of failure to accommodate and disability discrimination claims where, for several years, the employer provided accommodations relating to plaintiff’s mental...more

2/26/2019 / Disability Discrimination , Employer Liability Issues , Failure to Accommodate , Hiring & Firing , Summary Judgment , Termination

Employee’s Improper Access To Secured Area Outweighs Right To Engage In Concerted Activity, NLRB Finds

The National Labor Relations Board has held that an employee lost the protection of the National Labor Relations Act when he improperly accessed a secure area of the employer’s hotel, even though he did so in order to engage...more

3/14/2018 / Employer Liability Issues , Hiring & Firing , NLRA , NLRB , Protected Concerted Activity

Employer’s Ultimatum Supports Employee’s ADA Failure To Accommodate Claim

The United States District Court for the Southern District of Alabama in McClain v. Tenax Corp. recently denied in part an employer’s motion for summary judgment on a disabled employee’s failure to accommodate claim under the...more

2/6/2018 / Americans with Disabilities Act (ADA) , Disability Discrimination , Employer Liability Issues , Failure to Accommodate , Hiring & Firing , Reasonable Accommodation

Failure to Accommodate Religious Belief Claim to Move Forward

Religious discrimination claims by a delivery driver for a catering company who was terminated the day after being sent home for wearing a religious head covering survived summary judgment due to the temporal proximity...more

3/13/2017 / Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , Hiring & Firing , Religious Accommodation , Religious Clothing , Religious Discrimination

Employee’s ADA and FMLA Claims Survive Summary Judgment After Leaving Work Early To Go To Hospital

In Knight v. Barry Callebaut USA Service Company, Inc., the United States District Court of the Eastern District of Pennsylvania denied an employer’s motion for summary judgment on claims brought by a terminated employee...more

1/9/2017 / Americans with Disabilities Act (ADA) , Corporate Counsel , Employer Liability Issues , Family and Medical Leave Act (FMLA) , Hiring & Firing , Retaliation

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