News & Analysis as of

Americans with Disabilities Act (ADA) Disability Discrimination Adverse Employment Action

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

U.S. Equal Employment Opportunity Commission...

EEOC Sues Atlantic Properties Management Corporation and Diversified Funding for Disability Discrimination and Retaliation

Federal Agency Charges Property Management Companies With Revoking Job Offer From Woman With Breast Cancer - BOSTON – Atlantic Properties Management Corporation and its affiliate, Diversified Funding, Inc., property...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

Goldberg Segalla

Employee Protection Limited for ADA and FMLA Discrimination and Retaliation Claims

Goldberg Segalla on

Key Takeaways - Resolved medical conditions and COVID-19 symptoms — aside from “Long COVID” — may not be considered “disabilities” under the ADA. A seven-week period between employee engagement in protected activity and an...more

Littler

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

Littler on

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

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

K&L Gates LLP

11th Circuit Creates Circuit Split Holding that an "Adverse Act" Is Needed to Bring an ADA Claim for Failure to Accommodate

K&L Gates LLP on

Overview - On 24 May 2023, in Beasley v. O’Reilly Auto Parts, the United States Court of Appeals for the Eleventh Circuit created a split in the circuit courts by holding that an employee must establish the occurrence of an...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

Littler

11th Circuit Finds Employee Conduct May Lead to Termination Even Where the Conduct is the Result of Mental Illness

Littler on

On May 27, 2021, in Todd v. Fayette County School District, a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit affirmed the propriety of a school district’s decision to end a mentally ill...more

CDF Labor Law LLP

Five Bars of Wi-Fi Are Grounds For Disability Claims

CDF Labor Law LLP on

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

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

McAfee & Taft

Expanded disability claim liability for employers - Gavel to Gavel

McAfee & Taft on

Recently, the 10th Circuit Court of Appeals reached a decision that significantly expands employers’ potential liability for disability lawsuits. The Americans with Disabilities Act requires employers to reasonably...more

Fisher Phillips

October 2020: The Top 11 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

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

Fisher Phillips on

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

Fisher Phillips

Stopping The Spread Of COVID-19 Hate Crimes In Reopened Restaurants

Fisher Phillips on

As restaurants continue to reopen out of economic necessity despite a global pandemic, employers and employees alike remain concerned about the possibility of COVID-19 outbreaks in the workplace. No longer are bad Yelp...more

Seyfarth Shaw LLP

7th Circuit Focuses On Evidence To Avoid Distraction In Associational Discrimination Case

Seyfarth Shaw LLP on

Seyfarth Synopsis: On August 18, 2020, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgment on a plaintiff’s associational disability discrimination and retaliation claims, finding the plaintiff failed...more

U.S. Equal Employment Opportunity Commission...

Interconnect Cable Technology Corporation Sued by EEOC for Disability Discrimination

Electronics Manufacturer Demoted and Discharged Employee Due to Her Mental Illness, Federal Agency Charges - TAMPA - Interconnect Cable Technology Corporation (ICTC), an electronics manufacturer in Brooksville, Fla.,...more

U.S. Equal Employment Opportunity Commission...

Heritage Charity Auctions & Awards Settles EEOC Disability Discrimination Suit

Memorabilia and Auction Company Fired Employee Because of Mental Disabilities, Federal Agency Charged - ATLANTA - Heritage Charity Auction & Awards, Inc., a manufacturer and seller of display cases for memorabilia and...more

U.S. Equal Employment Opportunity Commission...

Massey Services Will Pay $63,000 to Settle EEOC Discrimination and Retaliation Lawsuit

Pest Control and Landscaping Company Terminated and Refused to Rehire Employee With Disability After Denying Her Request for Leave as Accommodation, Federal Agency Charged - CHARLESTON, S.C. - Pest control and landscaping...more

U.S. Equal Employment Opportunity Commission...

Titus-Will to Pay $125,000 to Settle EEOC Discrimination Lawsuit

Newly Hired Employee Was Fired After Disclosing Brain Tumor, Federal Agency Charged - SEATTLE - Prominent Pacific Northwest auto dealer Titus-Will has agreed to pay $125,000 and adopt anti-discrimination policies and...more

U.S. Equal Employment Opportunity Commission...

USAble Life Sued by EEOC For Retaliation

Insurance Company Fired Employee Over Her Discrimination Complaint, Federal Agency Charges - LITTLE ROCK, Ark. - USAble Life, an insurance company located in Little Rock, Ark., violated federal law when it fired an...more

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