News & Analysis as of

Americans with Disabilities Act (ADA) Wrongful Termination Appeals

Husch Blackwell LLP

SCOTUS Decision Impacts Discrimination Claims Against Religious Employers

Husch Blackwell LLP on

Key Points •The ministerial exception protects religious employers from government interference in internal employment disputes involving the selection, supervision, and removal of individuals who play an important role...more

Dechert LLP

The U.S. Supreme Court Expands the Ministerial Exception

Dechert LLP on

On July 8, 2020, in a 7–2 decision, the U.S. Supreme Court in Our Lady of Guadalupe School v. Morrissey-Berru expanded the “ministerial exception,” which allows religious organizations to avoid federal anti-discrimination...more

Payne & Fears

United States Supreme Court Clarifies the Scope of the Ministerial Exception

Payne & Fears on

In Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. ___, 2020 WL 3808420 (2020) (“Morrissey-Berru”), the United States Supreme Court provided further guidance on the application of the “ministerial exception,” which...more

Genova Burns LLC

It Takes Two to Tango: Third Circuit Reminds Employees of Their Reciprocal Obligations in the Interactive Process

Genova Burns LLC on

On March 31, 2020, the Third Circuit Court of Appeals affirmed the District Court’s dismissal of discrimination, retaliation, and wrongful termination claims filed by an ex-accountant of a local board of health. In Petti v....more

Proskauer - Law and the Workplace

Emerging Trend: ADA Does Not Cover Potential Future Disabilities

Heeding the adage “no one knows what the future may hold,” the Seventh, Eighth and Eleventh Circuits have uniformly refused to extend protections of the Americans with Disabilities Act (ADA) to employees with a perceived risk...more

Payne & Fears

Key California Employment Law Cases: September 2018

Payne & Fears on

This month's key California employment law cases are from the California Court of Appeals and The Court of Appeals for the Ninth Circuit. Sumner v. Simpson Univ., No. C077302, 2018 WL 4579765 (Cal. Ct. App. Sept. 25, 2018)...more

Poyner Spruill LLP

Employer Refusals to Accommodate Long Term ADA Leave Requests Find Growing Support

Poyner Spruill LLP on

The Supreme Court declined to hear an appeal of the Seventh Circuit Court of Appeals’ ruling in Severson v. Heartland Woodcraft, Inc., leaving in place dismissal of an employee’s Americans with Disabilities Act (“ADA”)...more

Foley & Lardner LLP

Seventh Circuit Puts the Brakes on Never-ending Leave Under the ADA

Foley & Lardner LLP on

Employers everywhere have been repeatedly warned not to automatically terminate employees who have exhausted their Family and Medical Leave Act (FMLA) leave. Instead, employers should first consider whether the employee might...more

McAfee & Taft

Appeals court rules diagnosed mental impairment not proven to be actual disability

McAfee & Taft on

As many employers know, the ADA Amendments Act of 2008 (ADAAA) broadened the scope of who may be considered disabled under the Americans with Disabilities Act (ADA). Indeed, through the ADAAA, Congress sought to make it...more

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

Wisconsin Court Holds Discharging Employee Because of Misconduct Caused by Disability Can Be Discrimination

The Wisconsin Court of Appeals has affirmed a decision holding that a call center employee with bipolar disorder proved that he was discharged “because of” his disability by establishing he was discharged for misconduct—i.e.,...more

Burr & Forman

4th Circuit Bounces Bank's Request to Dismiss Manager's FMLA Case

Burr & Forman on

In a relatively recent decision, the U.S. Court of Appeals for the 4th Circuit (whose rulings apply to all South Carolina employers) found that an employer's faulty notice to an employee about his rights under the Family and...more

Seyfarth Shaw LLP

Fifth Circuit Flips Grant Of Summary Judgment Against EEOC in ADA Case

Seyfarth Shaw LLP on

Seyfarth Synopsis: In an ADA action regarding disability discrimination, the Fifth Circuit reversed a District Court’s grant of summary judgment in favor of the employer and against the EEOC, noting that even though the...more

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

Fifth Circuit Adopts Standard in Disability Cases That Will Make it Harder for Employers to Obtain Summary Judgment

In Equal Employment Opportunity Commission v. LHC Group Inc., the Fifth Circuit Court of Appeals evaluated a trial court’s grant of summary judgment to an employer on an employee’s disability discrimination claims. In...more

13 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide