News & Analysis as of

Americans with Disabilities Act (ADA)

Parker Poe Adams & Bernstein LLP

Fifth Circuit Sides With Employers on In-Person Work Requirements

Following the COVID-19 pandemic, one of the most common scenarios we have faced involves employee resistance to return-to-office mandates. Employees who had been working a remote or hybrid schedule are informed that they need...more

Saul Ewing LLP

HUD Reverses Policy on Emotional Support Animals, Giving Colleges and Universities More Defenses

Saul Ewing LLP on

Overview On May 22, 2026, the U.S. Department of Housing and Urban Development (HUD) rescinded prior guidance applying the Fair Housing Act (FHA) to emotional support animals (ESAs). At the same time, HUD announced a new...more

Seyfarth Shaw LLP

Turning the Tables: Employer Secures Attorneys’ Fees Against EEOC

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In a noteworthy ruling from the District of Colorado, the Court awarded A&A Appliance, Inc. (“A&A”) a full award of attorneys’ fees, deeming the Equal Employment Opportunity Commission’s claims “frivolous, unreasonable, and...more

Haynsworth Sinkler Boyd, P.A.

The Workers’ Compensation - ADA Overlap: Common Employer Pitfalls and Best Practices

On our May 28, 2026, Employment Law Webinar, HSB’s Matt Blake discussed one of the more nuanced intersections in employment law: the relationship between state workers' compensation systems and the Americans with Disabilities...more

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

Dissatisfaction Is Not Discrimination: Fourth Circuit Affirms Employer Discretion Over Reasonable Accommodations

In a significant decision for employers navigating disability accommodation obligations under the Americans with Disabilities Act (ADA), the U.S. Court of Appeals for the Fourth Circuit in Redding v. Noem, No. 24-1141 (March...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Inisghts, Issue 2, 2026

Welcome to the Second Issue of SuperVision in 2026! In this edition, we bring you the latest from the EEOC and NLRB, updates on the numerous new Virginia employment laws passed in the 2026 Legislative Session, and discuss the...more

Spilman Thomas & Battle, PLLC

The Effect of Reclassification of Medical Marijuana on the Workplace

Marijuana and its legalization remain a constant topic of conversation for employers. Depending on your state, marijuana may be legal solely for medical use or also legalized for recreational use. It remains important for...more

Marshall Dennehey

PA Middle District Dismisses Claims Against School District and its Superintendent, Principal, Special Education Director, and...

Marshall Dennehey on

X.B. by & through C.B. v. Mazzeo, No. 3:25CV756, 2026 WL 917511, at *1 (M.D. Pa. Mar. 31, 2026) - A five-year-old special education student was enrolled in the Wyoming Valley West School District and attended the State Street...more

Stark & Stark

Remote Work, Disability Accommodation, and the Limits of the ADA: What Hayes v. GStek Could Mean for New Jersey Employers

Stark & Stark on

Remote work has become a central issue in disability accommodation law. A key question has emerged in the post-pandemic workplace: when, if ever, must an employer allow remote work as a reasonable accommodation under the...more

Holland & Knight LLP

HUD Rescinds Emotional Support Animal Guidance

Holland & Knight LLP on

The U.S. Department of Housing and Urban Development's (HUD) Office of Fair Housing and Equal Opportunity (FHEO) on May 22, 2026, announced that it is permanently rescinding the 2020 notice regarding assistance animals and...more

Constangy, Brooks, Smith & Prophete, LLP

Does an employer have to "accommodate" an employee who fails a drug test?

WHAT'S THE WORLD COMING TO? A probation and parole officer (we’ll call her “Suzie”) employed by the Oklahoma state Department of Corrections was diagnosed with attention deficit and hyperactivity disorder and had been on...more

Parker Poe Adams & Bernstein LLP

The ADA Interactive Process: Best Practices for Employers

Most employers know that the Americans with Disabilities Act (ADA) requires a covered employer to provide "reasonable accommodations" for qualified employees with disabilities. What gets less attention is the process the law...more

Houston Harbaugh, P.C.

Mobley v. Workday: The AI Vendor as AI Agent. Creating Potential New Liabilities

Welcome back to Defending the Algorithm™ - a LinkedIn newsletter from Pittsburgh law firm, Houston Harbaugh, PC, helping defense attorneys, insurance professionals, employment lawyers, corporate counsel and clients to...more

Miller Johnson

Supporting the Sandwich Generation: FMLA, ADA & Employer Strategies

Miller Johnson on

Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey discuss the growing workplace challenges created by employees who are caring for aging parents, often while still raising children themselves. As the...more

Seyfarth Shaw LLP

Legal Update: A Dual Framework Emerges: Marijuana’s Schedule III Reclassification and the Road Ahead for Employers

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On April 22, 2026, the U.S. Department of Justice (DOJ) issued a final order reclassifying certain marijuana-related products under the Controlled Substances Act (CSA). The order places (1) FDA-approved marijuana-derived drug...more

Seyfarth Shaw LLP

National Federation of the Blind Challenges Last-Minute Deadline Extensions for Website and Mobile App Accessibility

Seyfarth Shaw LLP on

The National Federation of the Blind (NFB) sued Department of Justice (DOJ) and Health and Human Services (HHS), claiming that the agencies’ Interim Final Rules extending WCAG 2.1 AA compliance deadlines for state and local...more

FordHarrison

Return-to-Office Policies Are Creating New ADA Risks for Employers

FordHarrison on

As employers continue implementing return-to-office (RTO) policies, many Florida employers are experiencing increased accommodation requests involving remote work, hybrid schedules, modified start times, and intermittent...more

Whiteford

Client Alert: HUD Changes Course: Are Emotional Support Animal Accommodations No Longer Required?

Whiteford on

On May 22, 2026, the U.S. Department of Housing and Urban Development (“HUD”) issued an enforcement memorandum permanently rescinding the 2020 guidance on assistance animals and establishing new criteria for evaluating...more

Parker Poe Adams & Bernstein LLP

What Does a 'Hostile Work Environment' Really Mean?

Almost every week, we hear from a client that an employee has complained that they have been subjected to a hostile work environment. Sometimes the complaint requests that the company take steps to resolve these concerns,...more

Offit Kurman

The Pitt Is a Hospital Drama. It’s Also a Masterclass in Employment Risk.

Offit Kurman on

Like most good TV hospital dramas, The Pitt is not really about medicine. It is about pressure. The show captures what happens when employees are overextended, managers are operating in constant crisis mode, and...more

Ward and Smith, P.A.

No More Free Passes: What HUD’s New Enforcement Memo Means for Your Community Association

Ward and Smith, P.A. on

It may no longer carry the weight it once did. On May 22, 2026, the U.S. Department of Housing and Urban Development’s (“HUD”) Office of Fair Housing and Equal Opportunity (“FHEO”) issued a major enforcement memorandum that...more

Ruder Ware

Proposed EEOC Rule Signals Shift in Reporting Requirements

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On May 14, the Equal Employment Opportunity Commission (“EEOC”) submitted a proposal to the Office of Information and Regulatory Affairs (“OIRA”) seeking to rescind EEO-1 reporting requirements for all eligible employers,...more

Proskauer - California Employment Law

Employer Is Not Presumed To Infer Employee’s Undisclosed Mental Disability

Husband v. Target Corp., 2026 WL 1430244 (Cal. Ct. App. 2026) Daniel Husband worked as a fulfillment expert for Target Corp. Husband’s employment was terminated for violations of Target’s workplace violence policy following a...more

Constangy, Brooks, Smith & Prophete, LLP

When Termination Becomes a Litigation Risk: Using severance strategically

Even strong termination decisions can create litigation risk. Employers often assume that a legally defensible termination decision will not create a litigation risk. But that is not always the case. Even...more

Fisher Phillips

Manufacturer’s $100K EEOC Settlement Offers Key ADA Lessons for All Employers: Top Takeaways and Practical Tips

Fisher Phillips on

A manufacturer based in Maryland has agreed to pay $100,000 to settle claims that it violated the Americans with Disabilities Act (ADA) by demoting an employee with complete hearing loss in one ear. According to the Equal...more

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