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Disability Discrimination Employee Rights Disability

Poyner Spruill LLP

Fourth Circuit Holds Gender Dysphoria Receives ADA Protections

Poyner Spruill LLP on

In a case of first impression for federal appellate courts, the United States Court of Appeals for the Fourth Circuit recently held that gender dysphoria qualifies as a “disability” under the Americans with Disabilities Act...more

Bradley Arant Boult Cummings LLP

Don’t Fire Me! I’m Drug Free! It Was CBD! Indiana Court Examines Termination for Use of Hemp Oil

In our modern world of a booming CBD industry and an increasing number of states that have legalized marijuana, can you terminate an employee for a positive drug test for marijuana? What if the test shows marijuana...more

U.S. Equal Employment Opportunity Commission...

City of Hammond to Pay $80,750 to Resolve EEOC Disability Discrimination Finding

City Improperly Subjected Employees to a Comprehensive Medical Exam, Federal Agency Charged - HAMMOND, Ind. – The U.S. Equal Employment Opportunity Commission (EEOC) and the City of Hammond, located in Indiana, reached a...more

McDermott Will & Emery

Betriebliches Eingliederungsmanagement (BEM) vor krankheitsbedingter Kündigung

McDermott Will & Emery on

Sind Arbeitnehmer innerhalb eines Jahres länger als sechs Wochen ununterbrochen oder wiederholt arbeitsunfähig erkrankt, muss der Arbeitgeber nach § 84 Abs. 2 SGB IX klären, wie die Arbeitsunfähigkeit überwunden und wie der...more

Foley & Lardner LLP

Employers Need to Consider Accommodation Requests Made at Any Time During a Disabled Employee’s Employment

Foley & Lardner LLP on

Can an employer simply ignore a request by a disabled employee for an accommodation made in a meeting that could lead to the employee’s termination? A recent federal case from Wisconsin says no. In the case, the former...more

Morgan Lewis

New York State Adds Protected Classifications and Remedies for Workplace Discrimination

Morgan Lewis on

The new laws are designed to protect equality for female employees in New York State; Governor also proposes regulations that would extend protections to transgender employees. On October 21, New York Governor Andrew...more

U.S. Equal Employment Opportunity Commission...

DAP Products Sued By EEOC For Disability Discrimination

Construction Products Manufacturer Fired Capable Worker Because of Cancer, Federal Agency Charged - DALLAS - DAP Products, Inc., a Dallas-based business and a leading manufacturer of home repair and construction...more

Mintz - Employment, Labor & Benefits...

Employer Win in California – Say What??? Stress From Working Under Particular Supervisor is Not a Disability

Over the course of a career many workers experience the displeasure of dealing with a difficult supervisor — the type of individual whose mere presence in the workplace is a source of dread and whose name inspires feelings of...more

Gray Reed

Employment Law 101: Americans with Disabilities Act

Gray Reed on

Who does it apply to: The law applies to all employers with 15 or more employees. What is the issue: It is against the law to discriminate against an employee or a prospective employee based on a disability the person...more

Constangy, Brooks, Smith & Prophete, LLP

The EEOC has been a busy bee this week. (It stings!)

The Equal Employment Opportunity Commission has been on a tear recently, suing employers right and left, and getting some “wins” including a couple of big settlements . . ....more

Butler Snow LLP

Major changes in store for Tennessee wrongful discharge law

Butler Snow LLP on

Last month, Tennessee Governor Bill Haslam signed into law legislation (Public Chapter 995) that will significantly amend the Tennessee Human Rights Act (“THRA”), the Tennessee Public Protection Act (“TPPA”), and the...more

Polsinelli

EEOC Issues New Enforcement Guidance on Pregnancy Discrimination and Related Issues

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On July 14, 2014, the Equal Employment Opportunity Commission ("EEOC"), by a 3-to-2 vote of commissioners, issued Enforcement Guidance on Pregnancy Discrimination and Related Issues (the "Guidance"), along with a question and...more

Manatt, Phelps & Phillips, LLP

Employment Law - July 2014 #2

High Court’s Fall Docket Includes Major Employment Issues - Why it matters: While the 2013-2014 U.S. Supreme Court term may be over, the justices have granted certiorari in two major employment cases slated for the...more

Pullman & Comley - Labor, Employment and...

How Important is Attendance at Work?

The answer seems obvious. The employer must decide what hours of work are best for producing its products or serving its customers, and employees must maintain regular and reliable attendance during those hours. In fact,...more

Proskauer - Employee Benefits & Executive...

Eighth Circuit: “Satisfactory to Us” Plan Language Sufficient to Entitle Plan Fiduciary to Deferential Review

The Eighth Circuit recently held that language in Prudential’s disability policy requiring proof of disability that is “satisfactory to Prudential” was sufficient to grant the plan discretionary authority and entitled the...more

Fenwick & West LLP

Fenwick Employment Brief - May 2014

Fenwick & West LLP on

Disability Accommodation Through Telecommuting More Reasonable In Modern Workplace - In EEOC v. Ford Motor Company, the federal Sixth Circuit appellate court (covering Kentucky, Michigan, Ohio, and Tennessee) recently...more

Sherman & Howard L.L.C.

The 2014 Colorado Legislative Session in Review

The 2014 Colorado legislative session adjourned on May 7, 2014. The legislature tweaked several pre-existing employment laws but steered away from major changes to the employment relationship in Colorado. Below is a summary...more

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

New York Court Of Appeals Emphasizes Need For Interactive Process When Accommodating Employees’ Disabilities

Jacobsen v. New York City Health and Hospitals Corp., No. 2014-34 (N.Y. Court of Appeals, Mar. 27, 2014): New York’s highest court recently ruled that an employer’s failure to engage in a good-faith interactive process...more

Littler

New York City Employers Face Tougher Disability Accommodation Standards

Littler on

In Romanello v. Intesa Sanpaolo, S.p.A., the New York Court of Appeals adopted the broad reading of an employer’s duty to accommodate a disabled employee under the New York City Human Rights Law (City HRL), as initially set...more

Proskauer Rose LLP

Employer Must Prove Indefinite Leave Is Undue Hardship Under NYCHRL, Says New York’s Highest Court

Proskauer Rose LLP on

Can an employee state a claim for a disability discrimination termination when he advises his employer that his return to work date "is indeterminate at this time" and the employer, without further discussion with the...more

Best Best & Krieger LLP

LAPD Reserve Officer Cannot Claim Disability Discrimination Because He Is Not An "Employee" Under FEHA - Court Rules That...

A California Court of Appeal recently held that a volunteer reserve police officer for the Los Angeles Police Department was not entitled to maintain a disability discrimination claim under the California Fair Employment and...more

U.S. Equal Employment Opportunity Commission...

Smurfit-Stone Container Corporation Sued by EEOC for Disability Discrimination

Company Now Known as RockTenn CP, LLC Fired Employee Because of His Disability, Federal Agency Charges - FLORENCE, S.C. - RockTenn CP, LLC formerly known as Smurfit-Stone Container Corporation, discriminated against an...more

Wilson Sonsini Goodrich & Rosati

Expanding the Disability Rights Playing Field in California: New Regulations Broaden Protections for Disabled Employees

In December, the Fair Employment and Housing Commission approved an overhaul of California's disability discrimination regulations as one of its last acts before being replaced by the Fair Employment and Housing Council on...more

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