News & Analysis as of

Disability Family and Medical Leave Act (FMLA) Hiring & Firing

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

Eighth Circuit Chips Away at ‘Honest Belief’ Defense and Creates ‘Intertwinement Test’ for Disability Discrimination Cases

On July 1, 2024, in Huber v. Westar Foods, Inc., in a 2–1 decision, the Eighth Circuit Court of Appeals departed from the “honest belief” defense recognized by the First, Second, Fourth, Fifth, and Seventh Circuits (and U.S....more

Bradley Arant Boult Cummings LLP

Avoid the Naughty List: Eighth Circuit Insight into Handling Requests for Reasonable Accommodations under the ADA

We can’t pass up the opportunity to encourage you to stay off the naughty list by telling you about this Eighth Circuit case offering guidance on working with your employees who request ADA accommodations. In Joseph Mobley v....more

Butler Snow LLP

6th Circuit Reinstates Failure-to-Accommodate Claim Against Employer That Terminated Employee With Outstanding Leave Request

Butler Snow LLP on

Once an employee requests an accommodation, the employer has a duty to engage in an “interactive process” to try to determine whether the employer can accommodate the employee’s disability...more

Foley & Lardner LLP

Debunking Conventional Labor and Employment Wisdom

Foley & Lardner LLP on

In my 27 years of practicing labor and employment law, I have observed a number of repeated preconceptions and points that in my humble opinion are simply wrong. I am not arguing that everyone, or even most people, believes...more

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

Absence Does Not Make the Heart Grow Fonder: Texas Court Holds Attendance Issues Can Preclude Disability Claims

In Wolf v. Lowe’s Companies, Inc., No. 4:16-CV-01560 (March 13, 2018), United States District Judge Alfred H. Bennett of the Southern District of Texas granted Lowe’s motion for summary judgment on a former sales employee’s...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Connections CSP For Disability Discrimination

Human Services Provider Unlawfully Fired Employees Who Needed Medical Leave, Federal Agency Charges - WILMINGTON, Del. - Connections CSP, Inc., one of Delaware's largest non-profit organizations that provides health care,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Capstone Logistics For Disability Discrimination

Human Services Provider Unlawfully Fired Employees Who Needed Medical Leave, Federal Agency Charges - WILMINGTON, Del. - Connections CSP, Inc., one of Delaware's largest non-profit organizations that provides health care,...more

U.S. Equal Employment Opportunity Commission...

7-Eleven Sued By EEOC for Disability Discrimination

Oklahoma Chain Unlawfully Denied Reasonable Accommodations to Workers with Disabilities and Fired Them, Federal Agency Charges - ST. LOUIS - Brown-Thompson General Partnership, dba 7-Eleven, a chain of Oklahoma...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

Franczek P.C.

After He Allegedly Showed Up Drunk to Practice, Should Former USC Football Coach Steve Sarkisian Have Been Placed on FMLA Leave...

Franczek P.C. on

A question was posed to me on Twitter this past week: Shouldn’t former University of Southern California (USC) football coach Steve Sarkisian have been placed on FMLA leave to get treatment for apparent alcoholism instead of...more

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

Inability to Work Under A Particular Supervisor Is Not a Disability in California

In response to standard negative performance feedback from a supervisor, an employee takes a leave of absence due to stress and submits a medical note stating that the employee must be transferred to another department as an...more

Parker Poe Adams & Bernstein LLP

Employee Needing Extended Leave of Absence Not Qualified to Perform Essential Job Functions

Perhaps the most common question faced by employment law attorneys representing management involves employees whose medical condition requires a long leave of absence from work. The employee exhausts FMLA leave and/or the...more

JD Supra Perspectives

What's the One Thing Missing from Most Employee Handbooks?

JD Supra Perspectives on

In your experience, what's the one thing most employers overlook when putting together an employee handbook? The answer to that question depends on whom you ask - and, for a legal perspective, we put it to leading employment...more

Franczek P.C.

Why Must Employers Train Their Managers About The FMLA? Here Are 1.2 Million Reasons Why

Franczek P.C. on

I came across an interesting FMLA case this past week, and the facts are simple enough that it kept my attention. [In the age of Twitter and Facebook, anything beyond a 30-second sound byte and you might as well give me a...more

Proskauer Rose LLP

California Employment Law Notes - January 2013

Proskauer Rose LLP on

In This Issue: - $1.347 Million Award To Former General Counsel For Breach Of Implied Contract Is Upheld - Faigin v. Signature Group Holdings, Inc., 211 Cal. App. 4th 726 (2012) - $114,000 Pregnancy...more

15 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide