News & Analysis as of

Americans with Disabilities Act (ADA) Employment Discrimination Corporate Counsel

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

ADA’s Interactive Process May Require Employers to Follow Up With Third Parties

A recent press release from the U.S. Equal Employment Opportunity Commission (EEOC) announcing a $250,000 settlement and consent-decree resolution of a disability discrimination lawsuit may serve to remind employers of the...more

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

When Emotional Support and Service Animals Fall Short: ADA Lessons From Fisher v. City of Lansing

On April 29, 2025, in Fisher v. City of Lansing, the U.S. District Court for the Western District of Michigan ruled that the City of Lansing did not fail to accommodate an employee’s request to bring an emotional support dog...more

Vedder Price

Seventh Circuit Allows Recovery of Back Pay in ADA Case Absent Proof of Disability

Vedder Price on

In a case of first impression, on April 1, 2025, the U.S. Court of Appeals for the Seventh Circuit issued an important decision in Nawara v. Cook County Municipality (Case Nos. 22-1393, 22-1430, 22-2395 & 22-2451), holding...more

Saul Ewing LLP

Non-Disabled Employees Can Recover for Unlawful Medical Examinations Under ADA, According to Seventh Circuit

Saul Ewing LLP on

Following a recent decision by the Seventh Circuit, employers who violate the Americans with Disabilities Act (ADA) by requiring medical examinations of an employee without a business necessity may now be liable for back pay...more

Littler

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and...

Littler on

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission...more

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

Complying With the ADA When Managing Employees With Alcoholism

Employers sometimes encounter intoxicated employees at work, but there are some compliance challenges under the Americans with Disabilities Act (ADA) when managing employees with alcoholism....more

Foley & Lardner LLP

Appeals Court Says Disability Not Required in Order to Recover Back Pay for Violation of ADA’s Medical Inquiry and Examination...

Foley & Lardner LLP on

Most employers are aware that, under the Americans with Disabilities Act (ADA), disability-related inquiries and medical examinations of employees may only be required when such inquiries and examinations are “job-related and...more

Proskauer - Law and the Workplace

Second Circuit Clarifies ADA Standard on Reasonable Accommodations

Employers in New York, Connecticut, and Vermont should take note of a recent Second Circuit decision holding that an employee may still be entitled to a reasonable accommodation under the Americans with Disabilities Act...more

Fisher Phillips

AI Screening Systems Face Fresh Scrutiny: 6 Key Takeaways From Claims Filed Against Hiring Technology Company

Fisher Phillips on

A Deaf, Indigenous woman claims an employer’s use of a popular automated video interview platform unfairly blocked her promotion due to AI-driven biases related to her disability and race. The ACLU filed charges on March 19...more

Poyner Spruill LLP

Tenth Circuit Decision Highlights Importance of Fitness For Duty Assessments Under ADA

Poyner Spruill LLP on

The Americans with Disabilities Act (ADA) places certain limitations on an employer’s ability to ask questions regarding an employee’s medical conditions. One important exception concerns “fitness for duty assessments.” Once...more

Seyfarth Shaw LLP

EEOC Issues Annual Report, Faces Future in Flux

Seyfarth Shaw LLP on

On January 17, 2024, just days before the new presidential term began, the Equal Employment Opportunity Commission published its annual performance report for the preceding Fiscal Year 2024. The Report highlights a year...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Says PTSD Related to Miscarriage Can Serve as Protected ADA Disability

When reviewing an employee’s request for accommodations under the Americans with Disabilities Act, employers sometimes develop tunnel vision when deciding whether the claimed medical condition constitutes a protected ADA...more

Troutman Pepper Locke

AI and HR: Navigating Legal Challenges in Recruiting and Hiring

Troutman Pepper Locke on

Using AI in HR - Hire or Hover? Hiring executives are asking if the compliance costs and discrimination risks outweigh the anticipated benefits of using artificial intelligence (AI) tools for hiring and employment-related...more

Fisher Phillips

AI Workplace Screener Faces Bias Lawsuit: 5 Lessons for Employers and 5 Lessons for AI Developers

Fisher Phillips on

A California federal court just allowed a frustrated job applicant to proceed with an employment discrimination lawsuit against an AI-based vendor after more than 100 employers that use the vendor’s screening tools rejected...more

Paul Hastings LLP

Does the Use of AI in the Hiring Process Expand Who Can Be Sued for Discrimination?: One Federal Court in California Says Yes

Paul Hastings LLP on

The increasing use of artificial intelligence (“AI”) tools to assist employers with recruiting decisions invites the question of who can be held legally responsible if those decisions allegedly are discriminatory. Typically,...more

Seyfarth Shaw LLP

EEOC Argues Vendors Using Artificial Intelligence Tools Are Subject to Title VII, the ADA and ADEA Under Novel Theories in Workday...

Seyfarth Shaw LLP on

In Mobley v. Workday, the EEOC filed an amicus brief supporting a class-action plaintiff's theory that a Human Resources software company could be directly liable for employment discrimination allegedly caused by the vendor's...more

Davis Wright Tremaine LLP

California Supreme Court Rules Employer's Agent Directly Liable for Violations of State Discrimination Laws

Last week, the California Supreme Court unanimously held that California's Fair Employment and Housing Act ("FEHA") applies not only to employers but also to business entities performing services as agents for employers....more

Fisher Phillips

SCOTUS 2023 Lookback and 2024 Preview: 7 Critical Decisions All Employers Should Review and 3 New Cases to Track

Fisher Phillips on

The Supreme Court’s blockbuster decisions last term dominated the headlines – and many rulings will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an...more

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

Obesity as a Disability Under the Americans With Disabilities Act

The Americans with Disabilities Act (ADA) protects most job applicants and employees from discrimination, harassment, or retaliation based on disability. While employers are likely familiar with many of the physical and...more

McGlinchey Stafford

Employers: Clock is Ticking to Update Marijuana Policies

McGlinchey Stafford on

With an increasing number of states passing laws protecting employees who utilize marijuana, employers throughout the country are presently tasked with redesigning their marijuana-related policies and practices to avoid the...more

McDermott Will & Emery

Employers Seek Clarity on Reproductive Healthcare Benefits Litigation Following EEOC Commissioner Filing

McDermott Will & Emery on

Following the US Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, many employers extended travel benefits to women residing in states where abortion or reproductive health procedures may now be...more

Fisher Phillips

An Employer’s Guide to Workplace Protections for Abortion-Related Decisions

Fisher Phillips on

Employers likely have questions about abortion-related employment protections and healthcare benefits after Friday’s SCOTUS controversial decision that overturned Roe v. Wade. Given the ruling, people in states with strict...more

Foley & Lardner LLP

New EEOC Guidance: The Use of Artificial Intelligence Can Discriminate Against Employees or Job Applicants with Disabilities

Foley & Lardner LLP on

As the use of artificial intelligence wedges its way into every side of business and culture, government regulation is (perhaps too slowly) moving to build legal boundaries around its use. On May 12, 2022, the Equal...more

Fisher Phillips

Federal Agencies Say Employer Use of AI and Hiring Algorithms May Lead to Disability Bias: 5 Key Takeaways

Fisher Phillips on

Employers can benefit from using software programs to streamline their hiring process, but federal agencies just sent a stern warning that relying on algorithms and artificial intelligence (AI) to make staffing decisions...more

BCLP

COVID-19: New EEOC Guidance Puts Employees with Caregiving Responsibilities Front and Center

BCLP on

As the second year of the COVID-19 pandemic ends, employers and employees alike continue to juggle a variety of demands. Finding a balance for these obligations can often result in both practical and legal considerations....more

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