News & Analysis as of

Hiring & Firing › Americans with Disabilities Act (ADA) › Leave of Absence

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 -
Epstein Becker & Green

First Circuit Rules in Favor of Private School in Teacher’s ADA Suit

Epstein Becker & Green on

On November 7, 2023, the United States Court of Appeals for the First Circuit affirmed the United States District Court for the District of Massachusetts’ dismissal of a teacher’s suit against her former employer, Austin...more

McDermott Will & Emery

[Webinar] Managing Your Workforce During Market Volatility: Separations, Arbitration, Leaves and Accommodations - June 28th, 1:00...

McDermott Will & Emery on

Employers are facing new and evolving pressures as they navigate economic uncertainty. This leads to questions and concerns about managing their workforces with minimal disruption and in a way that mitigates risk from...more

Bradley Arant Boult Cummings LLP

Avoid the Naughty List: Eighth Circuit Insight into Handling Requests for Reasonable Accommodations under the ADA

Bradley Arant Boult Cummings LLP on

We can’t pass up the opportunity to encourage you to stay off the naughty list by telling you about this Eighth Circuit case offering guidance on working with your employees who request ADA accommodations. In Joseph Mobley v....more

Jackson Lewis P.C.

[Event] 2022 Government Contractor Employment Law Symposium - November 17th, Tysons, VA

Jackson Lewis P.C. on

Join a multi-disciplinary team of Jackson Lewis attorneys, along with guest speakers from the government contracting firm Smith Pachter, for a full-day of presentations, interactive discussions and practical solutions...more

Bricker Graydon LLP

[Event] Employment Law Hot Topics - November 8th, Columbus, OH

Bricker Graydon LLP on

Bricker & Eckler’s annual “Hot Topics” seminar provides human resources professionals and in-house attorneys with insight into ongoing and emerging labor and employment issues. This year, we are pleased to partner with Scotts...more

Stoel Rives - World of Employment

Ninth Circuit Rules That a Temporary Impairment Can Qualify as a “Disability” Under the ADA

Stoel Rives - World of Employment on

The U.S. Court of Appeals for the Ninth Circuit, the federal appellate court with jurisdiction over much of the western United States (including Washington, Oregon, California and Idaho), ruled last week that an employee’s...more

Jackson Lewis P.C.

Seventh Circuit Continues To Find That Lengthy Leaves Of Absence May Not Be Reasonable Accommodations Under The ADA

Jackson Lewis P.C. on

On December 30, 2020, the U.S. Court of Appeals for the Seventh Circuit issued its opinion in McAllister v. Innovation Ventures, LLC, No. 20-1779 (7th Cir., Dec. 30 2020), and held that an employer did not violate the ADA...more

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

Untangling Complex Leave Issues – Part II

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

In the second episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including no fault attendance...more

Bradley Arant Boult Cummings LLP

Crosstown Traffic! Facts Surrounding Employee’s ADA/FMLA Request to Avoid Bad Traffic Not Enough

Bradley Arant Boult Cummings LLP on

Not all requests for accommodation or FMLA leave will fit into neat boxes like “pregnancy” or “knee surgery.” Because the ADA definition of a disability includes any impairment that affects a major life function, employers...more

U.S. Equal Employment Opportunity Commission...

Wilmington Trust Corporation to Pay $700,000 to Settle EEOC Disability Discrimination Suit

U.S. Equal Employment Opportunity Commission... on

Predecessor Hudson City Savings Bank Denied Disability Accommodations to Employees, Federal Agency Charged - NEW YORK - Wilmington Trust Corporation, a Delaware corporation and wholly owned subsidiary of M&T Bank...more

U.S. Equal Employment Opportunity Commission...

Triton Management Services to Pay $110,000 To Settle EEOC Disability Lawsuit

U.S. Equal Employment Opportunity Commission... on

Management Services Company Denied Medical Leave to Employee Then Fired Her, Federal Agency Charged - SAN DIEGO, Calif. -Triton Management Services, LLC, headquartered in Carlsbad, Calif., agreed to pay $110,000 and...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues SoftPro For Disability Discrimination

U.S. Equal Employment Opportunity Commission... on

Company Fired Employee for Perceived Disability, Federal Agency Charges - RALEIGH, N.C. - SoftPro, LLC, a Delaware corporation headquartered in Raleigh, N.C., that provides real estate closing and title insurance software...more

McAfee & Taft

Court: Disabled or not, worker must be able to perform essential job functions

McAfee & Taft on

The federal appeals court that covers Oklahoma recently ruled in favor of Walmart in a lawsuit filed by a disabled former employee. Disabled maintenance employee terminated after refusing to clean restrooms - Simone...more

U.S. Equal Employment Opportunity Commission...

Regional International to Pay $65,000 to Settle EEOC Disability Discrimination Suit

U.S. Equal Employment Opportunity Commission... on

Truck Dealership Fired Employee After Leave Request, Federal Agency Charged - NEW YORK - Regional International Corporation, a commercial truck and trailer dealership with locations in Western New York, has agreed to pay...more

U.S. Equal Employment Opportunity Commission...

Nevada Restaurant Services to Pay $3.5 Million To Settle EEOC Disability Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on

Las Vegas Gaming Company Systemically Discriminated Against Employees On the Basis of Disability, Federal Agency Charged - LAS VEGAS - Nevada Restaurant Services, a large Las Vegas-based gaming company that operates slot...more

Mintz - Employment Viewpoints

Employers Left in the Dark After U.S. Supreme Court Declines to Issue Ruling on Long Term Leave as a Reasonable Accommodation...

Mintz - Employment Viewpoints on

Last week, the U.S. Supreme Court declined to review a decision by the Seventh Circuit Court of Appeals holding that a multi-month leave of absence is beyond the scope of a reasonable accommodation under the Americans with...more

FordHarrison

California Federal Court Says Employers Need Not Approve Multiple Leaves of Absence Where an Employee was Totally Disabled and...

FordHarrison on

The Southern District Court of California, in Ruiz v. ParadigmWorks Group, Inc., held that an employer was not at fault for failing to grant an employee’s request for multiple medical leaves of absence where the employee was...more

Jackson Lewis P.C.

Continued Focus On Disability, Leave Management Issues In 2018

Jackson Lewis P.C. on

With the New Year fading from view in the rearview mirror and spring on the horizon (at least for those of us in the Midwest), there are several signs that disability and leave management issues will continue to be hot topics...more

Jackson Lewis P.C.

Seventh Circuit: Multi-Month Leave Of Absence Not A Reasonable Accommodation Under The ADA

Jackson Lewis P.C. on

Determining how long an employer must hold a position for an absent worker is a question that vexes Human resources Directors and Operations management. The Seventh Circuit recently ruled, in Severson v. Heartland Woodcraft,...more

Ruder Ware

Extended Leave is an Accommodation – Maybe Not

Ruder Ware on

As the after effect of the recent Seventh Circuit Court of Appeals decision about extended leave as an accommodation continues to develop, a serious question is developing of whether an employer is obligated to give an...more

Franczek P.C.

At last! Not One, But TWO Court Decisions That Scale Back an Employee's Right to Take Additional Leave After FMLA is Exhausted

Franczek P.C. on

There may not be an issue more difficult in HR land than how to deal with an employee who cannot return to work after FMLA leave expires. Is additional leave beyond 12 weeks required? The answer is almost always ‘yes.’ ...more

Ruder Ware

Seventh Circuit Court of Appeals – Super Human Resource Department?

Ruder Ware on

The Seventh Circuit Court of Appeals (which addresses federal court cases brought in Wisconsin) has stated in the past that it does not intend to be a “super human resource department” for employers. Recent court decisions...more

Cozen O'Connor

I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class

Cozen O'Connor on

This episode discusses kneeling in the NFL/workplace, indefinite leave entitlement, and sufficient consideration for non-competes, provides an update from DC on OT exemptions and class action waivers, and questions whether...more

Constangy, Brooks, Smith & Prophete, LLP

Extended Medical Leave Not A “Reasonable” Accommodation Under ADA, Court Says

Constangy, Brooks, Smith & Prophete, LLP on

This week, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit held that a “multimonth leave of absence is beyond the scope of a reasonable accommodation” under the Americans with Disabilities Act. ...more

Proskauer - Law and the Workplace

7th Circuit Holds Long-Term Leave Is Not a Reasonable Accommodation Under the ADA

Proskauer - Law and the Workplace on

In a recent decision in Severson v. Heartland Woodcraft, Inc. (Sept. 20, 2017), the Seventh Circuit affirmed a district court’s ruling that an employer did not violate the Americans With Disabilities Act (ADA) by failing to...more

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