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Hiring & Firing › Americans with Disabilities Act (ADA) › Appeals

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Parker Poe Adams & Bernstein LLP

Admission That Business Unit Was Closed Due to Employee's Disability Precludes Dismissal of ADA Claim

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When advising employers about the legal risks associated with a business reorganization, we generally advise that discrimination claims are less likely when a company closes an entire facility or department as compared to...more

Bradley Arant Boult Cummings LLP

Interpretation of an Interpreter Request? 11th Circuit Weighs in on Accommodation of Deaf Employee

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Your employee requests a reasonable accommodation under the Americans with Disabilities Act (ADA) but you refuse to grant it. If the employee continues to perform their job, can the employee still sue you for refusing the...more

Bradley Arant Boult Cummings LLP

Brain Tumor: A Little Too Little, Too Late — Sixth Circuit Addresses Late Disclosure of Disability

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Employers sometimes face difficult decisions after learning of an employee’s disability. What if you learn of a disability after ongoing repeated employment deficiencies or even after a disciplinary or discharge decision...more

DirectEmployers Association

OFCCP Week In Review: April 2022 #2

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The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Backs Detailed Medical Inquiry for Safety-Sensitive Job

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The Americans with Disabilities Act prohibits employers from asking questions about an employee’s medical condition absent “business necessity.” What exactly constitutes business necessity has been the subject of litigation...more

Butler Snow LLP

Fifth Circuit Court of Appeals Requires Transgender Plaintiffs to Identify Comparators to Establish Title VII Discrimination

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This recent decision from the Fifth Circuit Court of Appeals confirms that plaintiffs claiming discrimination based on transgender status are subject to the same pleading and evidentiary requirements as other discrimination...more

Stokes Wagner

Third-Party Reports and Discrimination

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On January 27, 2021, the Third Circuit Court of Appeals let employers know that they cannot use recommendations from psychologists to justify disability discrimination in hiring. In Gibbs v. City of Pittsburgh, 989 F.3d 226...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Ruling on ADA Reassignment Has Major Implications for Employers

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In the U.S. Supreme Court’s 2002 Barnett decision, the court held that qualified disabled employees are entitled to reassignment to an existing vacant position under the Americans with Disabilities Act if they become unable...more

Fisher Phillips

Will The Ministerial Exception Bar A Hostile Work Environment Claim?

Fisher Phillips on

Religious schools expressed relief when the United States Supreme Court expanded the application of the ministerial exception in July 2020 in the combined cases of Our Lady of Guadalupe School v. Morrisey-Berru and St. James...more

Husch Blackwell LLP

SCOTUS Decision Impacts Discrimination Claims Against Religious Employers

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Key Points •The ministerial exception protects religious employers from government interference in internal employment disputes involving the selection, supervision, and removal of individuals who play an important role...more

Dechert LLP

The U.S. Supreme Court Expands the Ministerial Exception

Dechert LLP on

On July 8, 2020, in a 7–2 decision, the U.S. Supreme Court in Our Lady of Guadalupe School v. Morrissey-Berru expanded the “ministerial exception,” which allows religious organizations to avoid federal anti-discrimination...more

Payne & Fears

United States Supreme Court Clarifies the Scope of the Ministerial Exception

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In Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. ___, 2020 WL 3808420 (2020) (“Morrissey-Berru”), the United States Supreme Court provided further guidance on the application of the “ministerial exception,” which...more

Proskauer - Law and the Workplace

U.S. Fifth Circuit Clarifies Position: Later-Verified Charge Can Relate Back To Filing Date

Proskauer - Law and the Workplace on

On April 3, 2020, a three-judge panel of the U.S. Fifth Circuit in EEOC v. Vantage Energy Services, Inc., No. 19-20541, clarified its interpretation of the relate-back doctrine for administrative charges. The Fifth Circuit...more

Laner Muchin, Ltd.

ADA Not Violated By Refusal To Hire Due To Risk Of Future Disability

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On October 29, 2019, the Seventh Circuit Court of Appeals held in Shell v. Burlington Northern Santa Fe Railway Company that the Americans with Disabilities Act’s (ADA) definition of “disability” is not met “where an employer...more

Proskauer - Law and the Workplace

Emerging Trend: ADA Does Not Cover Potential Future Disabilities

Proskauer - Law and the Workplace on

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

McAfee & Taft

Claim that over-the-counter medication caused positive drug test doesn’t reverse termination

McAfee & Taft on

An Oklahoma refinery employee who was terminated after testing positive for amphetamines tried to get his job back by claiming that over-the-counter medication led to a false test result. He also argued the employer’s testing...more

Bricker Graydon LLP

Sixth Circuit clarifies how to establish a “regarded as” ADA claim and revives former employee’s suit with “smoking gun” email

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The Sixth Circuit Court of Appeals recently reversed a district court’s summary judgment in favor of Maryville Anesthesiologists (MA). A former MA employee, Paula Babb, alleged that MA violated the Americans with Disabilities...more

Snell & Wilmer

No Crystal Ball for the ADA: Future Disabilities Not Protected Under Act

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On October 29, 2019, a panel of Seventh Circuit Appellate Court Judges held that the Americans with Disabilities Act (ADA) does not cover alleged discrimination based on future impairments. Shell v. Burlington N. Santa Fe Ry....more

Seyfarth Shaw LLP

Court Upholds Termination Of Employee Who Claimed Failed Drug Test Was Due to Over-the-Counter Medications

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Seyfarth Synopsis: The Tenth Circuit Court of Appeals recently affirmed summary judgment in favor of an employer that terminated an employee after he tested positive for methamphetamines, even though he claimed that his drug...more

Parker Poe Adams & Bernstein LLP

Seventh Circuit Rejects ADA Claim Based on Fear of Future Disabilities

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The Americans with Disabilities Act prohibits discrimination in employment against persons who are disabled, as well as those regarded as disabled. Last week, the Seventh Circuit Court of Appeals joined other federal courts...more

Akerman LLP - HR Defense

Does the ADA Protect Employees from Discrimination Based on Potential Future Disabilities?

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The Americans with Disabilities Act (ADA) does not protect employees from discrimination based on potential future disabilities, according to a recent ruling by the 11th Circuit Court of Appeals, which covers Florida,...more

Parker Poe Adams & Bernstein LLP

ADA Does Not Protect Against Fear of Future Disability

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The Americans with Disabilities Act not only provides protections for disabled persons but also those “regarded as” having a disability, even if they are healthy. On September 12, the Eleventh Circuit Court of Appeals (which...more

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

ADA Litigation Lessons Surfaced From a Zamboni Machine

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Employers, you see this movie all too often. You tolerate, and then ultimately discharge, a poor-performing employee who displays a bad attitude. Unfortunately, supervisors have not documented the employee’s prior instances...more

Seyfarth Shaw LLP

7th Circuit Rules that Extreme Obesity is Not an ADA Impairment (at Least on These Facts)

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The U.S. Court of Appeals in the Seventh Circuit has recently decided a case involving an extremely obese bus driver and denied his claims under the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101–12213, as...more

Bradley Arant Boult Cummings LLP

Case of the Big Bus Driver: Seventh Circuit Joins Other Circuits in Rejecting Obesity, without Other Physiological Condition, as...

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Obesity has been recognized as a disease by the American Medical Association, National Institutes of Health, and the World Health Organization. Does that mean obesity qualifies as a physical impairment under the Americans...more

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