News & Analysis as of

Americans with Disabilities Act (ADA) › Summary Judgment › Discrimination

Tucker Arensberg, P.C.

District Court Dismisses a Parent’s Associational Discrimination Claim Against a School District

Tucker Arensberg, P.C. on

Alex Le Pape, a student at Lower Merion School District (“District”) since 2006, was diagnosed with autism as a child and identifies as a non-speaker. In tenth grade, Alex began communicating using the “spelling to...more

Seyfarth Shaw LLP

Failure to Investigate and Fat-Shaming Permit Employment Claims to Proceed

Seyfarth Shaw LLP on

Seyfarth Synopsis: Under California law, obesity can qualify as a disability if it has a physiological cause and limits a major life activity. Proving such a claim has been difficult. The First District Court of Appeal’s...more

Seyfarth Shaw LLP

Court Finds Against EEOC And Holds Charging Party Who Represented Herself As Being “Totally Disabled” Was Not Qualified To Perform...

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In EEOC v. Vicksburg Healthcare LLC, et al., Case No. 13-CV-895 (S.D. Miss. Aug. 27, 2015), Judge Keith Starrett of the U.S. District Court for the Southern District of Mississippi recently rejected the EEOC’s lawsuit. He...more

Bond Schoeneck & King PLLC

Court of Appeals Holds That Employer’s Failure to Engage in Interactive Process Regarding Employee’s Accommodation Request...

Bond Schoeneck & King PLLC on

Discrimination claims are expensive to defend and if they reach a jury, the results are often unpredictable. The summary judgment motion, when utilized properly, is an effective risk and cost containment tool available to...more

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

Employers Beware: Anything Short of a Robust Attempt to Engage in Interactive Process Might Preclude Summary Judgment

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

Several recent cases in the Sixth Circuit Court of Appeals remind employers that their obligation to engage in the interactive process is an increasingly onerous one. First, in Keith v. County of Oakland, No. 11-2276 (6th...more

Baker Donelson

Sixth Circuit Revives ADA Claim of Deaf Lifeguard

Baker Donelson on

In Keith v. County of Oakland, the U.S. Court of Appeals for the Sixth Circuit reversed summary judgment to a county pool that denied employment to a deaf lifeguard. Setting aside the issue that seems to have captivated the...more

FordHarrison

Legal Alert: Deaf Lifeguard's Disability Claims Against Oakland County Go To Jury

FordHarrison on

The Sixth Circuit has reversed the decision of a lower court and held that a deaf individual should be permitted to proceed to trial on his claim that a prospective employer discriminated against him on the basis of...more

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