News & Analysis as of

Americans with Disabilities Act (ADA) Adverse Employment Action Employment Litigation

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Manatt, Phelps & Phillips, LLP

First, Sixth Circuits Affirm Dismissal of ADA Claims

Considering the termination of a high school teacher who underwent hip surgery and the refusal of a hospital to allow a nursing student’s service dog, the U.S. Court of Appeals, First and Sixth Circuits, both affirmed...more

Fisher Phillips

EEOC Brings Claim for Teacher Whose Daughter Has a Disability: 5 Answers for Employers About Association-Based Bias

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A recent lawsuit against a private school focuses on a lesser-known aspect of the Americans with Disabilities Act (ADA) and serves as a reminder that the law also protects employees and job applicants who have a relationship...more

Littler

Littler Lightbulb – August Employment Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in the federal courts of appeal in the last month. Fifth Circuit Expands Scope of Actionable Claims Under Title VII....more

Littler

Eleventh Circuit Holds Adverse Employment Action Is Required in ADA Failure-to-Accommodate Claims

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The U.S. Court of Appeals for the Eleventh Circuit, in Beasley v. O’Reilly Auto Parts, recently held that a claim for failure-to-accommodate under the Americans with Disability Act (ADA) must include an adverse employment...more

Fisher Phillips

SCOTUS 2023 Lookback and 2024 Preview: 7 Critical Decisions All Employers Should Review and 3 New Cases to Track

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The Supreme Court’s blockbuster decisions last term dominated the headlines – and many rulings will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an...more

Seyfarth Shaw LLP

The Art of Defending (or Lodging) a Failure to Accommodate Claim: A Lesson on The Rehabilitation Act

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Seyfarth Synopsis: The Tenth Circuit further clarifies The Rehabilitation Act while making it even harder to get rid of failure to accommodate claims at the summary judgment stage; FEHA and ADA implications may follow....more

Venable LLP

Responding to Mental Health Accommodation Requests

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Many employers have experienced an increase in employee requests for accommodations in the past few years. A federal jury’s recent award in Lisa Menninger v. PPD Development L.P. reminds employers that accommodation requests,...more

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

Eleventh Circuit Holds Adverse Employment Action Is Required in ADA Failure-to-Accommodate Claim

Under the Americans with Disabilities Act (ADA), “[n]o covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge...more

Proskauer Rose LLP

California Employment Law Notes - May 2022

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Former UCLA Physician Can Proceed With Whistleblower Claims - Scheer v. The Regents of the Univ. of Cal., 76 Cal. App. 5th 904 (2022) - Arnold Scheer, M.D., M.P.H., sued the Regents of the University of California and...more

Obermayer Rebmann Maxwell & Hippel LLP

It’s My Party and I Can Cry If I Want To: Lessons for Employers to Take Away from the $450,000 Verdict in Favor of the Employee...

In April 2022, a Kentucky jury awarded $450,000 to a fired employee who claimed that an unwanted office birthday party triggered panic attacks. The employee refused to attend the party on his behalf and was later terminated....more

Fisher Phillips

Federal Court Allows COVID-Based Disability Discrimination Lawsuit to Proceed

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A federal court in Pennsylvania recently refused to dismiss a lawsuit alleging that an employer violated the Americans with Disabilities Act (ADA) by firing a worker because she tested positive for COVID-19. Notably, the...more

CDF Labor Law LLP

Five Bars of Wi-Fi Are Grounds For Disability Claims

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The California Court of Appeal, Brown v. Los Angeles Unified School District, recently ruled that that electromagnetic sensitivity (aka “being sick to Wi-Fi”) constituted a “physical disability” under Fair Employment and...more

Smith Anderson

Employee Transfers May Be Considered 'Adverse Actions': Fourth Circuit Provides Guidance

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Employers should be aware of the risk of liability under anti-discrimination and anti-retaliation statutes when transferring employees to other positions. A recent decision of the U.S. Court of Appeals for the Fourth...more

Parker Poe Adams & Bernstein LLP

Failure to Accommodate Supports Employee's Claim Even Without Adverse Action

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

Fisher Phillips

10th Circuit: ADA Accommodation Claims Do Not Need Adverse Employment Actions To Succeed

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To prove that an employer failed to accommodate an employee’s disability in violation of the Americans With Disabilities Act, an employee alleging disability bias does not need to show that the employer fired them or took a...more

Parker Poe Adams & Bernstein LLP

Speculating About Employee's Medical Condition May Lead to ADA Claim

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

Bricker Graydon LLP

Sixth Circuit clarifies how to establish a “regarded as” ADA claim and revives former employee’s suit with “smoking gun” email

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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

Parker Poe Adams & Bernstein LLP

ADA Does Not Protect Against Fear of Future Disability

The Americans with Disabilities Act not only provides protections for disabled persons but also those “regarded as” having a disability, even if they are healthy. On September 12, the Eleventh Circuit Court of Appeals (which...more

Genova Burns LLC

When Inaction is Enough: Appeals Court Holds that Adverse Employment Action Not Essential Element of Failure to Accommodate Claim

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An employee does not have to demonstrate that she suffered an adverse employment action to prevail on a failure to accommodate claim under the New Jersey Law Against Discrimination (NJLAD), the Appellate Division ruled last...more

Seyfarth Shaw LLP

7th Circuit Rules that Extreme Obesity is Not an ADA Impairment (at Least on These Facts)

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The U.S. Court of Appeals in the Seventh Circuit has recently decided a case involving an extremely obese bus driver and denied his claims under the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101–12213, as...more

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

Seventh Circuit Holds That Obesity Alone Is Not a Protected Disability Under the ADA

In a matter of first impression before the court, the U.S. Court of Appeals for the Seventh Circuit recently held in Richardson v. Chicago Transit Authority, Nos. 17-3508 and 18-2199 (June 12, 2019), that obesity is not a...more

Best Best & Krieger LLP

Compensation, Harassment And Discrimination Cases Brought Labor & Employment Law Changes - California’s 2019 Labor & Employment...

State and federal courts handed down labor and employment decisions last year that California employers must be aware of. Read about these decisions that impact everything from equal pay to medical leave, and more....more

Jackson Lewis P.C.

No Adverse Employment Action, No Failure-To-Accommodate Claim, Tenth Circuit Rules

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The Americans with Disabilities Act (“ADA”) includes within its definition of “discriminate,” an employer’s failure to provide a reasonable accommodation to a qualified individual with a disability. But, is a failure to...more

Orrick - Employment Law and Litigation

Tenth Circuit Holds that Failure-To-Accommodate Claims Require Adverse Employment Action

On October 11, the Tenth Circuit held that a failure-to-accommodate claim under the Americans with Disabilities Act (“ADA”) requires a showing of an adverse employment action, cementing a circuit split and making the issue...more

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