Job Description Mistakes You Don’t Want to Make
On August 9, 2024, the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s grant of summary judgment in favor of the U.S. Environmental Protection Agency (EPA) on an employee’s...more
Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to disabled workers, but not necessarily the accommodation favored by the employee. ...more
It is well settled that when requesting reasonable accommodation under the Americans with Disabilities Act (ADA), employees are not required to use the words “ADA,” “reasonable accommodation,” “disability,” or any other...more
Seyfarth Synopsis: The Tenth Circuit Court of Appeals reversed a summary judgment award on an employee’s failure-to-accommodate claim. The Court’s decision focused on the employer’s improperly narrow delineation of the...more
Mental health issues in the workplace are at an all-time high. And with those issues come a slew of accommodation requests ranging from continued work from home to removal of stressful job duties to not appearing on camera...more
One of the many difficult issues employers face under the Americans with Disabilities Act (ADA) is determining what information a disabled employee must provide to an employer to trigger the employer’s duty to accommodate a...more
Federal law’s obligation to accommodate religious observances and practices has been in the spotlight recently because of employees seeking to be exempted from employer mandatory vaccination policies when the vaccine...more
The last five years have seen an increase of litigation surrounding Electromagnetic Hypersensitivity Syndrome (EHS), also called Wi-Fi Sensitivity, that should be on the radar screen for schools across the country. This is...more
In Thompson v. Microsoft, No. 20-50218 (June 22, 2021), the Fifth Circuit provided employers a great reminder of the importance of the interactive process when it affirmed summary judgment for the employer, Microsoft, on...more
With the ongoing and largely successful national vaccine rollout, the path to some semblance of normalcy seems within Summer’s grasp. However, many employers across the country find themselves swimming in costly and prolonged...more
The litigation fallout against employers over COVID-19-related issues is starting to take shape in California – and there has been a definitive uptick in cases alleging the employer is not accommodating physical and/or mental...more
Employer Denied Needed Bathroom Breaks to Worker with Bladder Condition, Federal Agency Charges - JUNEAU, Alaska - Club Demonstration Services, Inc. violated federal law when it refused to accommodate an employee in...more
In a conversation about his tardy attendance, an employee tells his manager he is having difficulty arriving to work because his sleep apnea interferes with his rest and prevents him from waking up on time. He adds that he is...more
Despite the lack of a clear causal connection between an employer’s failure to grant an employee’s request for additional training and its decision to terminate her employment, an Arkansas federal district court recently...more
In Bob v. Madison Security Group, Inc., the United States District Court for the Southern District of New York dismissed a failure to accommodate claim brought by a former employee under Title VII and New York State and City...more
Seyfarth Synopsis in a Second: Employer intent is not a required element in a disability discrimination claim alleging a failure to accommodate, and the employer bears the risk of mistaking the employee’s abilities. On...more