Job Description Mistakes You Don’t Want to Make
HR Law 101 Ep.4: What You Need to Know About Creating Effective Job Descriptions
The Supreme Court of the United States has agreed to hear a case that will decide whether retirees can sue for disability discrimination because of changes to retiree benefit plans....more
During the COVID-19 pandemic, the Equal Employment Opportunity Commission (EEOC) has published guidance addressing various issues related to employment law and COVID-19. On September 8, 2020, the EEOC posted updates, which...more
Heeding the adage “no one knows what the future may hold,” the Seventh, Eighth and Eleventh Circuits have uniformly refused to extend protections of the Americans with Disabilities Act (ADA) to employees with a perceived risk...more
Seyfarth Synopsis: Sometimes even the best employees can have their woebegone days. How is an employer to distinguish between (1) a mental disability that may require accommodation and (2) a case of someone “having the...more
Seyfarth Synopsis: A recent case from the Western District of North Carolina contains a helpful example of how the standards applicable to an employee’s request for accommodation of a disability differ from those for...more
Protections for “Qualified Individuals with Disabilities” - The Americans with Disabilities Act (ADA) prohibits an employer from discriminating against an employee or job applicant who is a “qualified individual with a...more
Discrimination under the ADA is defined as the failure of an employer to make reasonable accommodation to an otherwise qualified individual with a disability....more
Heritage Railroad Failed to Adequately Assess Accommodation for Applicant, Federal Agency Charged - DENVER - Cumbres & Toltec Scenic Railroad (C&TS) has agreed to conciliate a disability discrimination charge with the...more
Employers generally understand their obligation to provide a reasonable accommodation to qualified individuals with disabilities as required under the Americans with Disabilities Act (ADA), as well as a number of state and...more
Like Canada, the United States has federal legislation protecting employees with disabilities. While Canada has the Canadian Charter of Rights and Freedoms and the Canadian Human Rights Act, the United States has the...more
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
In a recent case, a Maryland Federal court permitted a plaintiff to proceed to trial on her failure to accommodate claim under Maryland’s Fair Employment Practices Act (MFEPA), finding that under Maryland law the employer was...more
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
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
A workforce that adheres to a traditional work style, or a consistent eight-hour workday in the same location – with no offsite work or interaction with business colleagues or customers – is increasingly becoming a relic in...more
It’s true in other areas of employment law as well, but in the world of disability discrimination law there are numerous phrases that have taken on special meaning and become true terms of art. Even those who are well-versed...more
Tony Nealy worked as a solid waste equipment operator for the City of Santa Monica before injuring his knee in July 2003 while moving a large bin full of food waste. Nealy was temporarily totally disabled due to the injury...more