News & Analysis as of

Americans with Disabilities Act (ADA) Amicus Briefs

Seyfarth Shaw LLP

Amusement Parks Can’t Invoke Arbitrary Manufacturer Safety Requirements To Restrict Riders With Disabilities, Eleventh Circuit...

Seyfarth Shaw LLP on

Seyfarth Synopsis:   New Eleventh Circuit decision says amusement park operators must base rider eligibility requirements on actual risks and cannot simply adopt manufacturer recommendations, even when required by state law....more

Jackson Lewis P.C.

‘Tester’ Needs Standing to Sue Under ADA, Jackson Lewis Says in Amicus Brief to U.S. Supreme Court

Jackson Lewis P.C. on

Self-appointed “testers” need to establish their legal right to sue under the Americans With Disabilities Act (ADA) by showing a concrete and particularized injury, Jackson Lewis attorneys wrote in an amicus brief submitted...more

Miles & Stockbridge P.C.

Fourth Circuit Ruling Favors Employers in High Profile ADA Case

On November 18, 2020, the United States Court of Appeals for the Fourth Circuit upheld a decision that retailer Lowe’s Home Centers LLC (“Lowe’s”) did not violate the Americans with Disabilities Act (ADA) when it removed a...more

ArentFox Schiff

The Fourth Circuit Rules Employers Are Not Required To Reassign Employees as an ADA Accommodation

ArentFox Schiff on

On November 18, 2020, the Fourth Circuit upheld a summary judgment award in favor of Lowe’s Home Centers LLC (Lowe’s), holding that it did not violate the Americans with Disabilities Act (ADA) when a disabled, long-term...more

FordHarrison
Richardson v. Chicago Transit Authority

FordHarrison Files Amicus Brief in Obesity Discrimination Case

FordHarrison on

CHICAGO – FordHarrison LLP, one of the country’s largest management-side labor and employment law firms, filed an Amicus Curiae brief in the Seventh Circuit on behalf of the Illinois Association for Defense Trial Counsel in...more

Seyfarth Shaw LLP

Supreme Court’s Inaction Establishes that Post-FMLA Medical Leave is Not Required Under ADA

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Supreme Court’s decline of a Seventh Circuit appellate decision solidifies that where an employee is medically unable to return to work within a very short time period following a leave of absence,...more

Vedder Price

ADA Alert: Seventh Circuit Significantly Restricts Leave as a Reasonable Accommodation… but Cities, States and Other Circuits Take...

Vedder Price on

Employers, at least those in Illinois, Indiana and Wisconsin, have finally been given clear guidance regarding how much leave an employee should be given when he or she is unable to perform the essential functions of his or...more

Seyfarth Shaw LLP

A Shocker from the Heartland: A Long Term Leave of Absence is NOT A Reasonable Accommodation Under the ADA

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Seventh Circuit sent shockwaves through the EEOC and through the employer community by concluding that multi-month leaves of absence, even those that are definite in term and sought in advance, are not...more

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