News & Analysis as of

Disability Retaliation Reasonable Accommodation

Constangy, Brooks, Smith & Prophete, LLP

Employment law and Aesop

Morals based on a real court decision. My law partner Jon Yarbrough alerted me to a recent court decision that is full of little gems for employers. I thought I'd break the decision down into "true fables," each with a...more

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

Alabama Worker’s ADA Suit Runs Out of Air: Federal Court Dismisses Failure to Accommodate and Retaliation Claims

The U.S. District Court for the Northern District of Alabama recently granted summary judgment to United States Steel Corporation, finding that the company did not deny Raymond Carr III, a former employee with chronic...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

McAfee & Taft

Think twice before you dismiss a cry for help: ADA accommodation request or not?

McAfee & Taft on

You know the scenarios: an employee reports his chair is bothering him; another employee reports the glare of the computer screen is hurting her eyes; and a third employee explains he needs a different office space, better...more

Sheppard Mullin Richter & Hampton LLP

Obese Employees May Be Protected Under FEHA

In December 2017, the California Court of Appeal published a decision confirming obesity is a protected disability in California if it has a physiological cause. In Cornell v. Berkeley Tennis Club, 18 Cal. App. 5th 908...more

Seyfarth Shaw LLP

Fifth Circuit Says Regular Attendance at Work is an Essential Function of Most Jobs

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a recent win for employers, the Fifth Circuit clarified that opened-ended or unlimited requests to work from home are unreasonable under the Americans with Disabilities Act (“ADA”) and may be rejected...more

U.S. Equal Employment Opportunity Commission...

Food Service Company to Pay $35,000 to Settle EEOC Disability Discrimination Suit

Legendary Baking Fired Employee Because of Spinal Cord Condition, Federal Agency Charged - CHICAGO - An Illinois food service company will pay $35,000 and furnish other relief to settle a disability discrimination...more

Robinson & Cole LLP

Second Circuit Reverses ADA Jury Verdict for Pharmacist with Fear of Needles

Robinson & Cole LLP on

In Stevens v. Rite Aid Corp., No. 15-277 (March 21, 2017), the U.S. Court of Appeals for the Second Circuit reversed a jury award of almost $2 million in favor of a pharmacist who suffered from a fear of needles because he...more

Bradley Arant Boult Cummings LLP

Needle and the Damage Done: Pharmacist’s Phobia Not Enough for ADA Claim

Can fear of an aspect of your job constitute a disability under the ADA? Depends on how essential the function is. In Stevens v. Rite Aid Corp, the Second Circuit Court of Appeals looked at the case of a Rite Aid pharmacist,...more

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

California Amends FEHA, Protecting Accommodation Requests

On July 16, 2015, California’s Governor Jerry Brown signed a bill amending the California Fair Employment and Housing Act (FEHA), adding protections for workers who request accommodations for disabilities or religious...more

Weintraub Tobin

Governor Signs Assembly Bill No. 987 – Requesting a Reasonable Accommodation is Protected Activity under FEHA

Weintraub Tobin on

This bill was in direct response to the decision in Rope v. Auto-Clor System of Washington, Inc. (2013) 220 Cal.App.4th 635 (2013), which found that an employee who merely makes a request for an accommodation does not engage...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues AutoZone for Fourth Time for Violating Americans with Disabilities Act

Federal Agency Charges Giant Auto Parts Retailer Failed to Accommodate Disability-Related Absences of Employees, Retaliated Against Employee for Protesting - CHICAGO - AutoZone, Inc. violated federal law when it...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Upper Chesapeake Health System for Disability Discrimination and Retaliation

Health Care System Fired a Pulmonary Function Technologist After She Requested an Accommodation and Filed a Discrimination Charge, Federal Agency Charges - BALTIMORE - Upper Chesapeake Health System, a leading health...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Wal-Mart for Sexual Harassment, Retaliation and Disability Discrimination

Developmentally Disabled Walmart Employee in Akron Store Fired for Complaining About Sexual Touching, Federal Agency Charges - CLEVELAND - Wal-Mart Stores East, L.P. violated federal law by allowing a male employee...more

Morrison & Foerster LLP

Employment Law Commentary -- Volume 25, No. 2 -- February 2013: Is Working from Home a Reasonable Accommodation? “Rarely.”

Modern technology is challenging our conception of the traditional workplace, especially in the service and information sectors. Remote network connections, online videoconferencing, portable Web-enabled devices, and other...more

U.S. Equal Employment Opportunity Commission...

D.O.E. Technologies and doeLegal Will Pay $130,000 to Settle EEOC Disability Discrimination Lawsuit

Hard-of-Hearing Employee Fired for Requesting Accommodations, Federal Agency Charged - WILMINGTON, Del. - D.O.E. Technologies, Inc. and a related company, doeLegal, LLC will pay $130,000 and furnish other relief to...more

U.S. Equal Employment Opportunity Commission...

Kintetsu International Express to Pay $77,500 to Settle EEOC Disability Harassment, Retaliation Suit

Supervisor Constantly Degraded Tour Coordinator with Arthritis, Then Forced Her and Co-Worker Out for Reporting Harassment, Federal Agency Charged - HONOLULU, Hawaii - Kintetsu International Express (USA), Inc. - a...more

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

Termination Two Days Before Taking FMLA Leave “Unusually Suggestive,” New Jersey District Court Holds

In St. Cyr v. Brandywine Senior Living, Inc., 20 U.S. Dist. LEXIS 85426 (D.N.J. June 20, 2012), the court denied summary judgment in an FMLA interference and retaliation suit in which an employee was terminated a mere two...more

18 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