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Americans with Disabilities Act (ADA) Corporate Counsel

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

Employer’s ‘Take It or Leave It’ Offer of Remote Work as Reasonable Accommodation Is a Jury Question, D.C. Circuit Rules

On August 9, 2024, the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s grant of summary judgment in favor of the U.S. Environmental Protection Agency (EPA) on an employee’s...more

Troutman Pepper

AI and HR: Navigating Legal Challenges in Recruiting and Hiring

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Using AI in HR - Hire or Hover? Hiring executives are asking if the compliance costs and discrimination risks outweigh the anticipated benefits of using artificial intelligence (AI) tools for hiring and employment-related...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Rejects Employee's Claim That CBD Use Caused Positive Drug Test

We previously reported a growing number of questions from employers involving employees who have tested positive for marijuana and who claimed the positive test resulted from their use of legal CBD products. Last week, the...more

Seyfarth Shaw LLP

2024 Mid-Year Report: ADA Title III Federal Lawsuit Numbers Rebound (A Little)

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Seyfarth Synopsis: The decline in ADA Title III lawsuits that began in 2022 comes to a halt in 2024 and California retakes its mantle of “national filing hotspot.”...more

Constangy, Brooks, Smith & Prophete, LLP

Reasonable accommodation and the ADA: Top 8 rules for employers

If you follow these, you should be in great shape. Reasonable accommodation under the Americans with Disabilities Act continues to flummox many employers. But it shouldn’t be that hard, at least not in most cases. Here are...more

Fisher Phillips

AI Workplace Screener Faces Bias Lawsuit: 5 Lessons for Employers and 5 Lessons for AI Developers

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A California federal court just allowed a frustrated job applicant to proceed with an employment discrimination lawsuit against an AI-based vendor after more than 100 employers that use the vendor’s screening tools rejected...more

Paul Hastings LLP

Does the Use of AI in the Hiring Process Expand Who Can Be Sued for Discrimination?: One Federal Court in California Says Yes

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The increasing use of artificial intelligence (“AI”) tools to assist employers with recruiting decisions invites the question of who can be held legally responsible if those decisions allegedly are discriminatory. Typically,...more

Seyfarth Shaw LLP

Federal Court Website Accessibility Lawsuit Filings Took a Dip in 2023

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Seyfarth Synopsis: Plaintiffs filed 2,794 website accessibility lawsuits in federal court in 2023 – a 14% decrease from 2022....more

Constangy, Brooks, Smith & Prophete, LLP

ADA challenge to wellness incentives stays alive

Employers, take warning! A federal judge in Illinois refused this week to dismiss a class action lawsuit brought under the Americans with Disabilities Act based on a "voluntary" wellness program. Employers should review...more

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

Sixth Circuit Opinion Offers Guidance on How Employers Can Identify Reasonable Accommodation Requests Under the ADA

It is well settled that when requesting reasonable accommodation under the Americans with Disabilities Act (ADA), employees are not required to use the words “ADA,” “reasonable accommodation,” “disability,” or any other...more

Littler

Annual Report on EEOC Developments - Fiscal Year 2023

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INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2023 (hereafter “Report”), our thirteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission...more

Adams and Reese LLP

No Magic Words Required: Sixth Circuit Rules Context Clues Are Important to Recognize Employee Accommodations Requests

Adams and Reese LLP on

Imagine you are the newly assigned manager of one of your employer’s grocery stores. After evaluating all your department managers during the first two weeks on the job, you meet with the bakery manager three times over the...more

Seyfarth Shaw LLP

EEOC Argues Vendors Using Artificial Intelligence Tools Are Subject to Title VII, the ADA and ADEA Under Novel Theories in Workday...

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In Mobley v. Workday, the EEOC filed an amicus brief supporting a class-action plaintiff's theory that a Human Resources software company could be directly liable for employment discrimination allegedly caused by the vendor's...more

Seyfarth Shaw LLP

Court Holds “Bully Breed” Dog That Identifies Onset of Panic Attack is a Service Animal

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A Puerto Rico federal court holding reminds us that an animal that performs work or tasks for a person with a psychiatric disability – such as identifying the onset of a panic attack and taking action to mitigate its effect –...more

Littler

Littler Lightbulb: March 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

Bradley Arant Boult Cummings LLP

Curse Words and Customer Service: Sixth Circuit Affirms Dismissal of Tourette Syndrome ADA Claim

If an individual’s disability causes involuntary racist or profane utterances, what would a reasonable accommodation under the ADA look like? In Cooper v. Dolgencorp, LLC, the Sixth Circuit faced just such an inquiry....more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Upholds Employer's Denial of Remote Work During Pandemic

During the COVID-19 pandemic and afterwards, employers have faced a growing number of requests for remote work arrangements based on a medical disability. The Americans with Disabilities Act requires employers to grant...more

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

Deaf Ramp Agent’s Inability to Communicate With Others While Working Posed ‘Direct Threat’ to Employee Safety, Court Rules

SkyWest Airlines, Inc., was justified in discharging a deaf ramp agent because his inability to hear or effectively communicate posed a “direct threat” to the safety of himself and others, the U.S. District Court for the...more

Adams and Reese LLP

‘Pistol’ Shoots Blanks in Appeals Court Decision on Workplace Service Animal Accommodation

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...What are employer obligations when an employee asks to bring a service animal into the workplace? This is a question faced more and more by employers, and the Sixth Circuit Court of Appeals recently offered guidance,...more

Fisher Phillips

SCOTUS Predictions: Blockbuster Decision Will Dismantle Workplace Regulations

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The Supreme Court is set to shake up the workplace world by taking away a great deal of power from federal agencies – including the regulators who oversee many of the nation’s labor and employment laws. That’s according to...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says ADA Does Not Require Employers to Reallocate Nonessential Work Functions

When facing requests from a qualified disabled worker, the Americans with Disabilities Act allows employers to choose an effective accommodation, even if it is not the one preferred by the employee. Earlier this week, the...more

Seyfarth Shaw LLP

Employers Should Take Note Of New Federal Workplace Accessibility Guidance

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Seyfarth Synopsis: Recent guidance from the EEOC on federal agencies’ disability accommodation obligations contain insights for private employers as well....more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says ADA Accommodation Request Must Relate to Employee's Medical Condition

When does an employee’s request for accommodations not fall under the Americans with Disabilities Act? According to a decision this week from the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina,...more

Parker Poe Adams & Bernstein LLP

EEOC Settles Claim That Worker Suffering From Depression Was Fired Over Safety Concerns

As we have previously covered in EmployNews, companies are facing an increasing number of accommodation requests and claims from employees who allege they were discriminated against based on mental issues. Many of these...more

Constangy, Brooks, Smith & Prophete, LLP

Your employee has dementia: what to do?

Expect to see more of this. A judge in Connecticut recently dismissed a lawsuit filed by a 26-year employee who developed early-onset Alzheimer's disease. According to the court's opinion, the employee had performed well...more

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