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Hiring & Firing › Disability Discrimination › Family and Medical Leave Act (FMLA)

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

Eighth Circuit Chips Away at ‘Honest Belief’ Defense and Creates ‘Intertwinement Test’ for Disability Discrimination Cases

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

On July 1, 2024, in Huber v. Westar Foods, Inc., in a 2–1 decision, the Eighth Circuit Court of Appeals departed from the “honest belief” defense recognized by the First, Second, Fourth, Fifth, and Seventh Circuits (and U.S....more

U.S. Equal Employment Opportunity Commission...

Didlake, Inc. Pays More Than $1 Million in EEOC Disability Discrimination and Retaliation Lawsuit

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

Nonprofit Denied Accommodations to Deaf and Hard-of-Hearing Employees and Fired Employees Who Requested Medical Leave, Federal Agency Charged - WASHINGTON – Didlake, Inc., a government contractor that provides janitorial...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

Cozen O'Connor

Employment Law Now VI-116-Top 10 Employment Issues To Consider For The Summer Kick-Off

Cozen O'Connor on

As we approach the unofficial start to Summer 2022, today's new episode addresses the 10 issues that should be on the radar of all employers....more

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

Federal Court: Employee’s Self-Serving Testimony and Discovery Responses Did Not Satisfy Burden of Proof on Summary Judgment

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

In Buckmaster v. The National Railroad Passenger Corp. d/b/a Amtrak, the U.S. District Court for the District of Maryland addressed whether an employee had offered any evidence of discrimination or retaliation beyond his own...more

U.S. Equal Employment Opportunity Commission...

Groendyke Transport / McKenzie Property Management to Pay $65,000 to Settle EEOC Disability Lawsuit

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

Trucking Company Terminated Two Long-Term Employees Because They Exhausted FMLA Medical Leave, Federal Agency Charged - BIRMINGHAM, Ala. – A trucking company and a property management company will pay $65,000 and furnish...more

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

Consistently Inconsistent: An Example of Shifting Reasons for Employment Termination Precluding Summary Judgment

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

The U.S. District Court for the Western District of Texas recently denied an employer’s motion for summary judgment when its alleged shifting reasons for terminating the plaintiff’s employment contract raised genuine issues...more

Constangy, Brooks, Smith & Prophete, LLP

Asking Applicants For Vax Status? Not So Fast, Employers.

Constangy, Brooks, Smith & Prophete, LLP on

I'm not sure the ADA will let you do that. There has been a lot in the news lately about job applicants who include their COVID-19 vaccination status on their resumes, employers who ask applicants for that information, and...more

Littler

11th Circuit Finds Employee Conduct May Lead to Termination Even Where the Conduct is the Result of Mental Illness

Littler on

On May 27, 2021, in Todd v. Fayette County School District, a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit affirmed the propriety of a school district’s decision to end a mentally ill...more

Proskauer - California Employment Law

California Employment Law Notes - March 2021

Proskauer - California Employment Law on

Trial Court Properly Dismissed Employee’s CFRA And Disability Discrimination Claims - Choochagi v. Barracuda Networks, Inc., 60 Cal. App. 5th 444 (2021) - George Choochagi worked as a technical support manager for...more

Burr & Forman

11th Circuit Clean Sweep for Pilgrim's Pride Corporation on FMLA and ADA Claims Due to Alleged Repetitive Injury

Burr & Forman on

On June 1, 2020, the Eleventh Circuit Court of Appeals entered an unpublished, per curiam decision affirming the grant of summary judgment in the U.S. District Court for the Middle District of Florida, Jacksonville division...more

Weintraub Tobin

Inoculating Against The Coming Spread Of Employee Lawsuits Related To COVID-19

Weintraub Tobin on

As workplaces begin reopening in the coming weeks, attorneys are predicting a rash of lawsuits by employees against their employers related to the COVID-19 pandemic. It seems clear that workers-compensation preemption may...more

Hinshaw & Culbertson - Employment Law...

Employers Beware: Terminating an Employee with COVID-19 May Violate Several Federal Statutes

Hinshaw & Culbertson - Employment Law... on

Throughout the COVID-19 pandemic, the issue of whether an employer may lawfully terminate an employee who has contracted COVID-19 has continued to arise. Terminating an employee because they have contracted COVID-19 carries...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - February 2020

Skadden, Arps, Slate, Meagher & Flom LLP on

This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more

Verrill

2019 Wrap Up: Tis the season to be jolly...and anxious...and depressed - Mental Health and Employment Law now and in 2020

Verrill on

The last decade has brought with it a significant increase in the number of claims stemming from allegations of discrimination or retaliation as a result of mental health conditions. While we often see an increase in anxiety...more

Bradley Arant Boult Cummings LLP

“Open” Might Not Mean Open: How FMLA May Affect a Position’s Availability

Bradley Arant Boult Cummings LLP on

Does a position that a company is holding for an employee out on FMLA leave an “open position” as contemplated by the Americans with Disabilities Act? In Maxwell v. Washington County, a Mississippi federal district court said...more

Parker Poe Adams & Bernstein LLP

Employer's Reaction to Accommodation Request Provides Basis for ADA Associational Discrimination Claim

Parker Poe Adams & Bernstein LLP on

The Americans with Disabilities Act prohibits discrimination against employees because of their association with a disabled person. In practice, this means that an employer cannot refuse to hire, or take adverse action...more

Seyfarth Shaw LLP

Whew! Fifth Circuit Reinforces Importance of Documenting Performance Issues

Seyfarth Shaw LLP on

Seyfarth Synopsis: In affirming summary judgment in favor of the defendant in an Family and Medical Leave Act (FMLA) interference and retaliation case, the Fifth Circuit reinforced the importance of documenting performance...more

Fisher Phillips

Red Flag: When An Employee Raises ADA Issues During Disciplinary Meetings

Fisher Phillips on

The need to consider Americans with Disabilities Act (ADA) accommodations can happen at any time during the employment relationship. Generally, an employee will ask for an accommodation before problems with performance...more

FordHarrison

Eleventh Circuit Clarifies Standard for Identifying Comparators in Title VII and ADA Discrimination Cases

FordHarrison on

On March 21, 2019, in Lewis v. Union City, No. 15-11362, the U.S. Court of Appeals for the Eleventh Circuit (1) clarified the proper standard for the comparator analysis in intentional discrimination cases under the McDonnell...more

Zuckerman Spaeder LLP

Bakery Says Employee’s FMLA Claims Don’t Rise to the Occasion

Zuckerman Spaeder LLP on

Under the Family Medical Leave Act (“FMLA”), employers are required to provide 12 weeks of unpaid leave to employees with certain family or medical issues. These issues include attending to serious health conditions that make...more

Cozen O'Connor

II-34- Ten Things You Missed From Summer 2018

Cozen O'Connor on

We're back! This brand new episode addresses the 10 developments you may have missed from this past summer of 2018, including employees secretly recording the workplace, new non-compete legislation, the unstoppable #MeToo...more

Amundsen Davis LLC

EEOC Consent Decree A Reminder That Attendance Policies Must Have An ADA Escape Valve

Amundsen Davis LLC on

In July the EEOC announced the terms of a consent decree settling claims of systemic disability discrimination against a global metal products manufacturer. Pursuant to the terms of the decree, the employer will pay $1...more

Sherman & Howard L.L.C.

Takin’ Care Of Business (On Half Time Schedule)

Sherman & Howard L.L.C. on

An employee was unable to return to work full time because she was experiencing postpartum depression. She worked half time instead and, according to the employee, she was still able to do everything that was required of her...more

Constangy, Brooks, Smith & Prophete, LLP

A Pregnancy-Disability-FMLA Triple Whammy

Constangy, Brooks, Smith & Prophete, LLP on

Pow! Pow! Pow! The College of Wooster, in Wooster, Ohio (student body approx. 2,000), is going to have to go to trial on a triple whammy of pregnancy discrimination, failure to accommodate a disability, and violations of the...more

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