News & Analysis as of

Americans with Disabilities Act (ADA) Disability Discrimination Leave of Absence

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

Connecticut Appellate Court Finds No Associational Claims Under State’s Discrimination Law

A Connecticut appellate court recently held that the Connecticut Fair Employment Practices Act (CFEPA) does not recognize a cause of action for associational disability discrimination....more

Epstein Becker & Green

First Circuit Rules in Favor of Private School in Teacher’s ADA Suit

Epstein Becker & Green on

On November 7, 2023, the United States Court of Appeals for the First Circuit affirmed the United States District Court for the District of Massachusetts’ dismissal of a teacher’s suit against her former employer, Austin...more

Sands Anderson PC

Navigating Reasonable Accommodations: Lessons from the Fourth Circuit’s Recent UPS Case

Sands Anderson PC on

Does either party get the benefit of consideration when an employer and an employee disagree about the choice of a reasonable job accommodation for an employee who has sustained a disabling injury? This was an issue when the...more

Bradley Arant Boult Cummings LLP

Avoid the Naughty List: Eighth Circuit Insight into Handling Requests for Reasonable Accommodations under the ADA

We can’t pass up the opportunity to encourage you to stay off the naughty list by telling you about this Eighth Circuit case offering guidance on working with your employees who request ADA accommodations. In Joseph Mobley v....more

Stoel Rives - World of Employment

Ninth Circuit Rules That a Temporary Impairment Can Qualify as a “Disability” Under the ADA

The U.S. Court of Appeals for the Ninth Circuit, the federal appellate court with jurisdiction over much of the western United States (including Washington, Oregon, California and Idaho), ruled last week that an employee’s...more

Bradley Arant Boult Cummings LLP

Leave as a Reasonable Accommodation Continues to Vex Employers

Admittedly, it is a tricky situation. An employee needs time off from work because of a medical issue. The employee is not eligible for leave under the Family and Medical Leave Act (FMLA), so the employer cannot call it...more

Foley & Lardner LLP

Federal Court Says It Is OK to Consult With Counsel Before Taking Employment Action

Foley & Lardner LLP on

A recent decision from the U.S. Court of Appeals for the First Circuit (covering Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island) examining retaliatory employment conduct reinforces the advisory nature of...more

U.S. Equal Employment Opportunity Commission...

Sierra Academy of Aeronautics to Settle EEOC Disability and Retaliation Lawsuit

Flight Instruction Companies Fired Employee With Disability for Taking a Medical Leave of Absence, Federal Agency Charged - FRESNO, Calif. –KS Aviation, Inc., doing business as the Sierra Academy of Aeronautics in...more

Burr & Forman

Employer Preparation for Coronavirus (COVID-19)

Burr & Forman on

As the number of coronavirus (COVID-19) cases climbs in the U.S. and across the world employers should prepare for practical and legal issues brought on by the disease. While these efforts are complicated by the fact that, to...more

U.S. Equal Employment Opportunity Commission...

M&T Bank Will Pay $100,000 to Settle EEOC Disability Discrimination Lawsuit

Bank Failed to Accommodate Manager With Pregnancy-Related Disability, Federal Agency Charged - BALTIMORE - Manufacturers and Traders Trust Company, doing business as M&T Bank, will pay $100,000 and provide significant...more

Parker Poe Adams & Bernstein LLP

Employee's Request for Leave Triggered ADA Accommodation Obligations

The EEOC and federal courts have repeatedly said that employees seeking accommodations for disabilities under the ADA do not have to use any “magic words” to trigger the employer’s obligations. A recent decision from the...more

U.S. Equal Employment Opportunity Commission...

Wilmington Trust Corporation to Pay $700,000 to Settle EEOC Disability Discrimination Suit

Predecessor Hudson City Savings Bank Denied Disability Accommodations to Employees, Federal Agency Charged - NEW YORK - Wilmington Trust Corporation, a Delaware corporation and wholly owned subsidiary of M&T Bank...more

Foley & Lardner LLP

An Accommodation Request? But We Were Just Talking!

Foley & Lardner LLP on

In a conversation about his tardy attendance, an employee tells his manager he is having difficulty arriving to work because his sleep apnea interferes with his rest and prevents him from waking up on time. He adds that he is...more

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

Untangling Complex Leave Issues – Part I

In the first episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including the interplay between the...more

Fisher Phillips

How To Ensure ADA Compliance And Stay Off The EEOC’S Most-Wanted List

Fisher Phillips on

Even though the #MeToo movement has rightfully commanded overwhelming attention during the past year or so, supervisors cannot afford to lose sight of their substantial legal duties in complying with the Americans with...more

U.S. Equal Employment Opportunity Commission...

Triton Management Services to Pay $110,000 To Settle EEOC Disability Lawsuit

Management Services Company Denied Medical Leave to Employee Then Fired Her, Federal Agency Charged - SAN DIEGO, Calif. -Triton Management Services, LLC, headquartered in Carlsbad, Calif., agreed to pay $110,000 and...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues SoftPro For Disability Discrimination

Company Fired Employee for Perceived Disability, Federal Agency Charges - RALEIGH, N.C. - SoftPro, LLC, a Delaware corporation headquartered in Raleigh, N.C., that provides real estate closing and title insurance software...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Oceanic Time Warner Cable / Spectrum for Disability Discrimination

Communication Company's Inflexible Leave and Attendance Policies Deny Employees Reasonable Accommodations, Federal Agency Charges - HONOLULU, Hawaii - Oceanic Time Warner Cable LLC, doing business as Spectrum, violated...more

FordHarrison

Advantage Serena: Employment Issues Raised by Tennis Star’s Return to Work

FordHarrison on

Serena Williams is one of the greatest athletes of all time–man or woman–period. In her 25-year professional career, she has dominated on the tennis court by winning nearly 40 major titles (singles and doubles). Roger...more

McAfee & Taft

Court: Disabled or not, worker must be able to perform essential job functions

McAfee & Taft on

The federal appeals court that covers Oklahoma recently ruled in favor of Walmart in a lawsuit filed by a disabled former employee. Disabled maintenance employee terminated after refusing to clean restrooms - Simone...more

Seyfarth Shaw LLP

Addressing Alcoholism In The California Workplace

Seyfarth Shaw LLP on

It has long been clear that the Americans with Disabilities Act (ADA) and California law protect employees who suffer from alcoholism if it qualifies as a “disability.” ...more

U.S. Equal Employment Opportunity Commission...

Regional International to Pay $65,000 to Settle EEOC Disability Discrimination Suit

Truck Dealership Fired Employee After Leave Request, Federal Agency Charged - NEW YORK - Regional International Corporation, a commercial truck and trailer dealership with locations in Western New York, has agreed to pay...more

U.S. Equal Employment Opportunity Commission...

Nevada Restaurant Services to Pay $3.5 Million To Settle EEOC Disability Discrimination Lawsuit

Las Vegas Gaming Company Systemically Discriminated Against Employees On the Basis of Disability, Federal Agency Charged - LAS VEGAS - Nevada Restaurant Services, a large Las Vegas-based gaming company that operates slot...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

U.S. Equal Employment Opportunity Commission...

Macy’s To Pay $75,000 To Settle EEOC Disability Discrimination Lawsuit

Retailer Refused to Excuse Asthmatic Employee's One-Day Absence and Fired Her, Federal Agency Charged - CHICAGO - Macy's will pay a former long-term employee $75,000 to settle a disability discrimination lawsuit filed by...more

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