Nonpayment of Subcontractors: Can Subcontractors Get Any Help From the Government?
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
The United States Supreme Court issued a decision in Perez v. Sturgis Public Schools, No. 21-887, opening the door for future claims against schools for compensatory monetary damages. In its unanimous opinion, the Supreme...more
The U.S. Supreme Court unanimously ruled in favor of a deaf student in Perez v. Sturgis Public Schools, 143 S. Ct. 81 (U.S. 2022), where the Court held that the Individuals with Disabilities Education Act (“IDEA”) exhaustion...more
Summary of the ruling (& its underlying alphabet soup): The federal Individuals with Disabilities Education Act (“IDEA”) requires school districts to provide their disabled students a Free Appropriate Public Education...more
Participants in administrative proceedings are routinely cautioned to raise, or "exhaust," all issues with the agency to avoid being barred from later raising those issues in court. But whether a court will require issue...more
Seyfarth Synopsis: Congressmen Budd and Correa try to address website and mobile app accessibility in a new bill called the “Online Accessibility Act.” ...more
On April 3, 2020, a three-judge panel of the U.S. Fifth Circuit in EEOC v. Vantage Energy Services, Inc., No. 19-20541, clarified its interpretation of the relate-back doctrine for administrative charges. The Fifth Circuit...more
Obesity has been recognized as a disease by the American Medical Association, National Institutes of Health, and the World Health Organization. Does that mean obesity qualifies as a physical impairment under the Americans...more
Seyfarth Synopsis: A recent case from the Western District of North Carolina contains a helpful example of how the standards applicable to an employee’s request for accommodation of a disability differ from those for...more
Overturning 40 years of precedent, the 10th Circuit Court of Appeals has just ruled that an employee’s failure to file an EEOC charge does not necessarily bar consideration of a private discrimination lawsuit. By concluding...more
Seyfarth Synopsis: The Supreme Court’s recent ruling in Fry v. Napoleon Comm. Schools limits IDEA’s exhaustion requirement to those cases which seek relief for a denial of FAPE allowing for some claims brought under Title II...more
The Americans with Disabilities Act prohibits employers from refusing to hire qualified individuals with a disability on the basis of their condition, if they can perform the essential functions of the job with or without...more
The requirement for an employee to exhaust administrative remedies may go beyond filing a charge with the Equal Employment Opportunity Commission (“EEOC”) and state employment agencies. Industry-specific exhaustion...more