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Discrimination › Reasonable Accommodation › Corporate Counsel

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Husch Blackwell LLP

Seventh Circuit Upholds Exclusion of Pregnant Workers from Temporary Alternative Duty Policy

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In a recent decision, the United States Court of Appeals for the Seventh Circuit held that an employer did not violate the Pregnancy Discrimination Act (PDA) despite excluding pregnant workers from its “Temporary Alternative...more

Poyner Spruill LLP

Fourth Circuit Issues Decision Favorable to Employer on ADA Accommodation

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The Americans with Disabilities Act (ADA) generally prohibits covered employers from discriminating against employees or applicants on the basis of disability. One form of such discrimination is failing to provide reasonable...more

Cranfill Sumner LLP

What is a Reasonable Accommodation in the Workplace?

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Under the Americans with Disabilities Act (ADA), employers with 15 or more employees are prohibited from discriminating against a qualified individual on the basis of disability. A covered employer is required, absent an...more

Bradley Arant Boult Cummings LLP

Don’t Dawdle in USERRA’s World: Fourth Circuit Affirms USERRA Violation for Delayed Reemployment

Bradley Arant Boult Cummings LLP on

How long do you have to reinstate an employee following military leave? In Harwood v. American Airlines, the Fourth Circuit found that a delay of six or eight weeks was too long. The Uniformed Services Employment and...more

Obermayer Rebmann Maxwell & Hippel LLP

Jury Okays Firing Transgender Employee for Negative Glassdoor Review

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On October 29, 2018, a San Francisco federal jury unanimously found that a Silicon Valley tech company did not commit unlawful retaliation by firing a transgender employee who accused the company of discrimination in a...more

Seyfarth Shaw LLP

Failure to Investigate and Fat-Shaming Permit Employment Claims to Proceed

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Seyfarth Synopsis: Under California law, obesity can qualify as a disability if it has a physiological cause and limits a major life activity. Proving such a claim has been difficult. The First District Court of Appeal’s...more

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

The ADA Is Not a Medical Leave Entitlement, Seventh Circuit Declares

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Today’s employers must run their businesses within the competitive environment in which they operate while affording employees an ever-increasing array of leaves. Yet, running a business without a full complement of employees...more

Littler

Washington’s New Healthy Starts Act Requires Employers to Provide Reasonable Accommodations to Pregnant Workers Absent the Showing...

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Washington’s legislature recently passed a new Healthy Starts Act (the “Act”), which places significant obligations on Washington employers with respect to pregnant employees. These new obligations are not otherwise required...more

Seyfarth Shaw LLP

Summary Judgment Denied For Employer Who Circulated Letter About Employee’s Disability Discrimination Charge

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Seyfarth Synopsis: After an employer circulated a letter to 146 employees discussing an employee’s EEOC Charge that alleged discrimination on the basis of his disability in violation of the ADA, a federal district court in...more

Bradley Arant Boult Cummings LLP

DOH! Nuclear Safety Regs Trump ADA Accommodation Request (Thankfully)

Bradley Arant Boult Cummings LLP on

In a battle between a mentally ill employee seeking accommodation for his job at a nuclear plant and federal nuclear safety codes—-which wins out? The Third Circuit Court of Appeals ended up going with safety codes....more

Littler

Tenth Circuit Affirms Staffing Company Win in Reasonable Accommodation Suit

Littler on

In Punt v. Kelly Services, the Tenth Circuit Court of Appeals unanimously held that a temporary employee’s request for an undetermined leave of absence was not a reasonable request for accommodation under the Americans with...more

Sheppard Mullin Richter & Hampton LLP

Now in Effect: California Employers Must Provide New Hires with Written Notice of Victim Rights

Sheppard Mullin Richter & Hampton LLP on

As reported in our new laws for 2017 post, employers must give written notice to new employees (and to current employees upon request) explaining the rights of victims of domestic violence, sexual assault and stalking. All...more

Bradley Arant Boult Cummings LLP

EEOC To Employers: Requiring Employees to Return to Work with “No Restrictions” Could Get You Sued

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Before the Americans with Disabilities Act (and there was a time before the ADA), it was not uncommon to require employees to have a doctor’s note returning them to work “with no restrictions.” That won’t work in today’s ADA...more

Sherman & Howard L.L.C.

Don’t Quarrel Over Scripture

Sherman & Howard L.L.C. on

The Fourth Circuit Court of Appeals recently upheld a jury verdict in favor of the EEOC in a Title VII religious discrimination claim. At issue was the use of a biometric scanner as a time clock. EEOC v. Consol Energy, Inc....more

FordHarrison

Federal Judge Rules that Transgender Employee's ADA Claim May Proceed

FordHarrison on

On May 18, 2017, in the first decision of its kind, the Eastern District of Pennsylvania held that transgender people are not categorically barred from protection by the Americans with Disabilities Act (ADA) if they suffer...more

Bradley Arant Boult Cummings LLP

From the Tinfoil Hat Files: Plaintiff Sleeping on the Job Claims Sensitivity to Electromagnetic Voltage

Bradley Arant Boult Cummings LLP on

The 7th Circuit, in a short opinion issued April 6, zapped a plaintiff’s claim that he was terminated in violation of the ADA based on his condition of being overexposed to electromagnetic voltage at his job. Mr. Hirmiz, a...more

Seyfarth Shaw LLP

Is Hiring the Most-Qualified Candidate Reasonable? Two Recent Decisions Say Yes

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Seyfarth Synopsis: For several years now, employers and the EEOC have been at odds over whether employers must automatically reassign a disabled employee to an open position as a reasonable accommodation, or whether employers...more

Bradley Arant Boult Cummings LLP

Bend Don’t Break: The EEOC Says Inflexible Attendance Policies Violate the ADA

Bradley Arant Boult Cummings LLP on

In managing employee attendance, be careful about policies that suggest automatic termination after a certain number of absences as the Equal Employment Opportunity Commission (EEOC) believes such policies violate the...more

Littler

All in the Family: California Court Holds Employers Have to Accommodate Disability of Employee's Family Member

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A California Court of Appeal for the first time has decided that an employer has a duty to reasonably accommodate an applicant or employee who is associated with a disabled person who needs the employee’s assistance. This...more

Miller & Martin PLLC

Lactation Discrimination and Accommodation Becomes a New Hot Topic for Federal Agencies and Courts

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The recent pregnancy accommodation Guidance from the Equal Employment Opportunity Commission ("EEOC") makes it clear that discrimination against a female employee who is lactating or breastfeeding is illegal, in violation of...more

Sands Anderson PC

Pregnancy Guidance Seems to Require Light Duty For All

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The EEOC’s pregnancy discrimination guidance issued July 14 affects more than just the rights of pregnant women in the workplace. Although nominally titled as an enforcement guidance regarding “pregnancy discrimination,” the...more

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