News & Analysis as of

Disability Discrimination Disciplinary Proceedings

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

Cozen O'Connor

#No Filter: Terminating an Employee for Social Media Posts – Part 4

Cozen O'Connor on

Prior to the advent of social media, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. However, those bygone times have been replaced by a modern...more

Hogan Lovells

Employment News: Disability, Unfair Dismissal, Trade Unions

Hogan Lovells on

Space invaders – parking policy relevant to reasonable adjustments claim - In Linsley v Commissioners for Her Majesty's Revenue and Customs the EAT confirmed that the employer's parking policy should not have been...more

Littler

UK: From Alcoholism to Exhibitionism—When the Law Says a Condition is Not a Disability

Littler on

Although many HR professionals in the United Kingdom who deal with disability discrimination issues are all too familiar with the legal definition of a “disability” in the Equality Act 2010, many are unaware of the various...more

Franczek P.C.

Three Things to Know About ED’s New Focus on Restraint and Seclusion

Franczek P.C. on

Most changes we’ve seen from the U.S. Department of Education (Department) these past two-and-a-half years have dealt with sex, gender, race, color, and national origin—not disability—and most have reduced federal oversight,...more

McAfee & Taft

Court OK’s termination of diabetic employee for misconduct

McAfee & Taft on

A recent federal appeals court decision case upheld an employer’s termination of a diabetic employee for misconduct, despite the employee’s argument that her poor work performance was a result of low-blood sugar....more

Hogan Lovells

Employment News - March 2017 #1

Hogan Lovells on

Missing the jackpot – High Court awards nominal damages for breach of confidentiality - Marathon Asset Management LLP v Seddon arose out of a team move from an investment management business (MAM). Prior to leaving...more

Hogan Lovells

Employment News - January 2017 #1

Hogan Lovells on

A little knowledge is dangerous – awareness of the consequences of a disability not required for discrimination "arising from" disability - In City of York Council v Grosset, the EAT decided that the employer did not...more

Burr & Forman

4th Circuit Bounces Bank's Request to Dismiss Manager's FMLA Case

Burr & Forman on

In a relatively recent decision, the U.S. Court of Appeals for the 4th Circuit (whose rulings apply to all South Carolina employers) found that an employer's faulty notice to an employee about his rights under the Family and...more

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