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Corporate Counsel Disability Discrimination

Fishman Haygood LLP

The U.S. Fifth Circuit Applies American Pipe to Preserve Putative Class Member’s Discrimination Claims

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The U.S. Fifth Circuit Court’s recent decision in Zaragoza v. Union Pacific Railroad (“Zaragoza”) has highlighted key issues in class action lawsuits and the application of tolling principles. The plaintiff’s previous...more

Seyfarth Shaw LLP

2024 Mid-Year Report: ADA Title III Federal Lawsuit Numbers Rebound (A Little)

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Seyfarth Synopsis: The decline in ADA Title III lawsuits that began in 2022 comes to a halt in 2024 and California retakes its mantle of “national filing hotspot.”...more

Fisher Phillips

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

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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

Seyfarth Shaw LLP

Federal Court Website Accessibility Lawsuit Filings Took a Dip in 2023

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Seyfarth Synopsis: Plaintiffs filed 2,794 website accessibility lawsuits in federal court in 2023 – a 14% decrease from 2022....more

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

Sixth Circuit Opinion Offers Guidance on How Employers Can Identify Reasonable Accommodation Requests Under the ADA

It is well settled that when requesting reasonable accommodation under the Americans with Disabilities Act (ADA), employees are not required to use the words “ADA,” “reasonable accommodation,” “disability,” or any other...more

Seyfarth Shaw LLP

Court Holds “Bully Breed” Dog That Identifies Onset of Panic Attack is a Service Animal

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A Puerto Rico federal court holding reminds us that an animal that performs work or tasks for a person with a psychiatric disability – such as identifying the onset of a panic attack and taking action to mitigate its effect –...more

Proskauer - Law and the Workplace

Fifth Circuit Vacates $365 Million Punitive Damages Award for Title VII Discrimination and Retaliation Claims

In Harris v. FedEx Corp. Servs., Inc., No. 23-2003, a Fifth Circuit panel vacated a $365 million punitive damages award in race discrimination and retaliation case, finding that the plaintiff Jennifer Harris (“Harris”) failed...more

Bradley Arant Boult Cummings LLP

Curse Words and Customer Service: Sixth Circuit Affirms Dismissal of Tourette Syndrome ADA Claim

If an individual’s disability causes involuntary racist or profane utterances, what would a reasonable accommodation under the ADA look like? In Cooper v. Dolgencorp, LLC, the Sixth Circuit faced just such an inquiry....more

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

Deaf Ramp Agent’s Inability to Communicate With Others While Working Posed ‘Direct Threat’ to Employee Safety, Court Rules

SkyWest Airlines, Inc., was justified in discharging a deaf ramp agent because his inability to hear or effectively communicate posed a “direct threat” to the safety of himself and others, the U.S. District Court for the...more

Adams and Reese LLP

‘Pistol’ Shoots Blanks in Appeals Court Decision on Workplace Service Animal Accommodation

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...What are employer obligations when an employee asks to bring a service animal into the workplace? This is a question faced more and more by employers, and the Sixth Circuit Court of Appeals recently offered guidance,...more

Fisher Phillips

SCOTUS Predictions: Blockbuster Decision Will Dismantle Workplace Regulations

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The Supreme Court is set to shake up the workplace world by taking away a great deal of power from federal agencies – including the regulators who oversee many of the nation’s labor and employment laws. That’s according to...more

Seyfarth Shaw LLP

Tenth Circuit Highlights Limits on Employers Defining Essential Functions of a Position

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Seyfarth Synopsis: The Tenth Circuit Court of Appeals reversed a summary judgment award on an employee’s failure-to-accommodate claim. The Court’s decision focused on the employer’s improperly narrow delineation of the...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your November To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Bradley Arant Boult Cummings LLP

Are They Qualified? 11th Circuit Further Defines ADA Category

Does the fact that an individual is disabled automatically make him a “qualified individual with a disability” under Title I of the ADA? In Stanley v. City of Sanford, Florida, the Eleventh Circuit said no....more

Fisher Phillips

4 Supreme Court Cases Employers Should Be Tracking as New Term Kicks Off

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The Supreme Court just began a new term, and we’re watching several cases that will likely have a big impact on the workplace. Specifically, the Court will weigh in on whether someone can “test” violations of federal...more

Seyfarth Shaw LLP

California Assembly Bill on Website Accessibility Downgraded from Potential Lawsuit Tsunami to 2024 Weather Watch

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Seyfarth Synopsis: AB 1757, which would set a standard for website accessibility for businesses in California, has been held in the Legislature to resume discussion in 2024....more

Parker Poe Adams & Bernstein LLP

Employee's PTSD Diagnosis May Excuse Violation of Disciplinary Policies

The Americans with Disabilities Act does not require employers to ignore or excuse serious violations of their rules of conduct. For example, an employee who brings a weapon to work in violation of the employer’s policy...more

Seyfarth Shaw LLP

2023 Mid-Year Report: ADA Title III Federal Lawsuit Numbers Continue to Decline

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Seyfarth Synopsis: The decline in ADA Title III lawsuits that began in 2022 continues in 2023. New York remains the filing hotspot....more

Littler

Eleventh Circuit Holds Adverse Employment Action Is Required in ADA Failure-to-Accommodate Claims

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The U.S. Court of Appeals for the Eleventh Circuit, in Beasley v. O’Reilly Auto Parts, recently held that a claim for failure-to-accommodate under the Americans with Disability Act (ADA) must include an adverse employment...more

Manatt, Phelps & Phillips, LLP

DOJ Proposes Regulations for Accessibility of State and Local Government Websites

The Proposal Has Implications for Potential Regulations of Business Websites Too - The Department of Justice (DOJ) has issued a Notice of Proposed Rulemaking (NPRM) for the accessibility of state and local government...more

Venable LLP

Responding to Mental Health Accommodation Requests

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Many employers have experienced an increase in employee requests for accommodations in the past few years. A federal jury’s recent award in Lisa Menninger v. PPD Development L.P. reminds employers that accommodation requests,...more

Seyfarth Shaw LLP

New California Assembly Bill on Website Accessibility Could Result in a Lawsuit Tsunami

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Seyfarth Synopsis: AB 1757 would adopt WCAG 2.1 Level AA as the de facto standard for websites and mobile apps that can be accessed from California and impose liability for statutory damages on business establishments and...more

Goldberg Segalla

COVID-19: A Disability Under New Jersey’s Anti-Discrimination Law? Appellate Division Responds

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Key Takeaways - The New Jersey Appellate Division considered whether contracting COVID-19 is sufficient for an employee to claim they qualify as an individual with a disability under the New Jersey Law Against...more

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

Eleventh Circuit Holds Adverse Employment Action Is Required in ADA Failure-to-Accommodate Claim

Under the Americans with Disabilities Act (ADA), “[n]o covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge...more

Partridge Snow & Hahn LLP

Massachusetts Employer Forced to Pay $24 Million for Failing to Accommodate an Executive’s Anxiety

Mental health issues in the workplace are at an all-time high. And with those issues come a slew of accommodation requests ranging from continued work from home to removal of stressful job duties to not appearing on camera...more

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