News & Analysis as of

Americans with Disabilities Act (ADA) Appellate Courts

Littler

Littler Lightbulb: June Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Littler

Littler Lightbulb: February Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Littler

Littler Lightbulb – October Employment Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month. ...more

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

Another California Appellate Court Holds That ADA Does Not Apply to a Virtual Business’s Website

On September 13, 2023, the Court of Appeal of the State of California, Fourth Appellate District, covering Orange County and San Diego County and the southernmost areas of California, held that the Americans with Disabilities...more

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

Fifth Circuit Weighs in for the First Time Since COVID-19 as to When Remote Work Can Be Reasonable Accommodation

Fifth Circuit precedent recognizes the “general consensus among courts” that regular, in-person work is an essential function of most jobs. Yet the continued viability of this premise has been in question, given the ability...more

Sherman & Howard L.L.C.

Appellate Court Revives Employee’s ADA Claim While Adopting a Nuanced, Partially Pro-Employer Interpretation of the ADA

Several courts have held that an employer violates the ADA simply by refusing to provide a reasonable accommodation regardless of whether the refusal adversely affects the employee. Put another way, these courts hold that the...more

Littler

Littler Lightbulb – April Employment Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment and labor law developments at the U.S. Supreme Court and federal courts of appeal over the last month. ...more

Littler

Littler Lightbulb – February Employment Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment and labor law developments at the U.S. Supreme Court and federal courts of appeal over the last month....more

Littler

Littler Lightbulb – December Employment Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Jackson Lewis P.C.

Appellate Court Addresses How Much Information Employee Must Submit to Support an Accommodation Request

Jackson Lewis P.C. on

One of the many difficult issues employers face under the Americans with Disabilities Act (ADA) is determining what information a disabled employee must provide to an employer to trigger the employer’s duty to accommodate a...more

Husch Blackwell LLP

Some Clarity At Last: California Court of Appeals Holds Websites Are Not Places of Public Accommodation Under the ADA

Husch Blackwell LLP on

On August 1, 2022, the California Court of Appeals issued an opinion that will put a stop to website accessibility discrimination cases against online-only businesses brought pursuant to the state’s Unruh Act. The case,...more

DirectEmployers Association

OFCCP Week In Review: September 2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Cynthia L. Hackerott. In today’s edition,...more

BCLP

California Court of Appeals Holds Ecommerce Only Website Not Subject to ADA

BCLP on

The California Court of Appeals has held that websites operated by online only businesses are not “places of public accommodation” subject to Title III of the ADA, agreeing with the Ninth Circuit Court of Appeals, and...more

Levenfeld Pearlstein, LLC

NYC’s Latest Expansion of its Vaccine Mandate – What You Need to Know

On December 6, 2021, NYC mayor Bill DeBlasio announced that all private-sector workers in the city will be subject to the vaccine mandate, effective December 27. The following day, however, Judge Frank P. Nervo in the Supreme...more

Constangy, Brooks, Smith & Prophete, LLP

Court Keeps OSHA's Vaccine Mandate On Hold. What Now?

This post may become obsolete in the next five minutes. A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued a new vaccine mandate decision yesterday, declining to lift the stay it had issued on...more

Roetzel & Andress

Eleventh Circuit Decision Creates Further Division Among Circuit Courts Regarding Website Accessibility And ADA

Roetzel & Andress on

On April 7, 2021, the Eleventh Circuit United States Court of Appeals vacated a trial court ruling from 2017 which held that Winn-Dixie Stores violated the Americans with Disabilities Act (“ADA”) because the Plaintiff, who is...more

Jackson Lewis P.C.

Seasonal Employee May Pursue Disability-Based Hostile Work Environment Claim, Court Rules

Jackson Lewis P.C. on

Reversing a district court’s grant of summary judgment, the Iowa Court of Appeals held an employee presented sufficient evidence for her disability-based hostile work environment claim to proceed to trial, despite the...more

Rivkin Radler LLP

The Employment Law Reporter - February 2021

Rivkin Radler LLP on

Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has affirmed the dismissal of an employment discrimination lawsuit. •A mediation agreement that...more

Sherman & Howard L.L.C.

Tenth Circuit Reverses Itself: Adverse Action Not Required To State ADA Failure-To-Accommodate Claim

Sherman & Howard L.L.C. on

Sitting en banc, the Tenth Circuit Court of Appeals recently ruled that an adverse employment action is not a required element of a failure-to-accommodate claim brought under the Americans with Disabilities Act (“ADA”). In...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Jersey Boys and Restroom Doors

This week, we highlight Ninth Circuit decisions denying copyright protection to assertions of fact (even if those facts were made up), and deepening a slight Circuit split on the Americans with Disabilites Act's...more

Sheppard Mullin Richter & Hampton LLP

New York’s First Department Appellate Division Highlights the Stringent Requirements For Reasonably Accommodating Individuals with...

On June 18, 2020, the First Department issued Hosking v. Memorial Sloan-Kettering Cancer Ctr., 2020 N.Y. Slip Op. 03484 (1st Dept. June 18, 2020), a decision analyzing the more stringent requirements under the New York City...more

Payne & Fears

Key California Employment Law Cases: April 2020

Payne & Fears on

Anthony v. TRAX Int’l Corp., No. 18-15662, 2020 WL 1898843 (9th Cir. Apr. 17, 2020) - Summary: An employer may use after-acquired evidence to show that a plaintiff is not a qualified individual under the Americans with...more

Seyfarth Shaw LLP

The Curve Has Flattened for Federal Website Accessibility Lawsuits

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We’ve sheltered in place and finished our tally. The numbers are in for total website accessibility lawsuit filings in federal courts in 2019, they show a small decrease from 2018....more

Carlton Fields

No Soup for You!

Carlton Fields on

An 11-year-old boy required to eat his homemade, gluten-free chicken sandwich outside a restaurant on a school field trip will get to take his case to trial. ...more

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