Evidence, Americans with Disabilities Act (ADA)

Employee’s single doctor’s note not enough to save ADA case

McAfee & Taft on 2/15/2021

The Tenth Circuit Court of Appeals recently considered—for the second time—an employee’s claim that she had been terminated in violation of the Americans with Disabilities Act (ADA). According to the court’s summary,...more

The Game of Forfeiture: Fumbling the Ball and How the Court May Recover It

Carlton Fields on 1/13/2020

In the spirit of the upcoming Super Bowl, it is important to keep in mind certain rules of play regarding forfeiture of arguments in federal courts of appeals. The Tenth Circuit reiterated two such rules in recent opinions....more

Does Asking About Employee’s Alcohol Use Violate the ADA?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/5/2019

In Lansdale v. UPS Supply Chain Solutions, Inc., No. 16-4106 (July 23, 2019), the United States District Court for the District of Minnesota concluded that a jury had sufficient evidence to find that an employer’s discharge...more

Retaliation 101

McAfee & Taft on 10/23/2017

A recent opinion from the U.S. Tenth Circuit Court of Appeals involving Tulsa’s American Airlines facility serves as a reminder of the kind of evidence required to establish retaliation....more

Appeals court rules diagnosed mental impairment not proven to be actual disability

McAfee & Taft on 5/16/2017

As many employers know, the ADA Amendments Act of 2008 (ADAAA) broadened the scope of who may be considered disabled under the Americans with Disabilities Act (ADA). Indeed, through the ADAAA, Congress sought to make it...more

Supreme Court Limits EEOC Subpoena Power

Fisher Phillips on 4/4/2017

In a 7 to 1 decision, the U.S. Supreme Court ruled today that courts of appeals should largely defer to lower courts’ decisions when policing subpoenas issued by the Equal Employment Opportunity Commission (EEOC). By...more

The Seventh Circuit Clarifies Evidentiary Standards in Employment Discrimination Cases

Hinshaw & Culbertson LLP on 8/23/2016

In Ortiz v. Werner Enterprises, Inc., the Seventh Circuit stated in very clear terms that lower courts and parties to discrimination actions should not divide evidence into direct and circumstantial buckets under the familiar...more

Evidence › Americans with Disabilities Act (ADA)