News & Analysis as of

Hiring & Firing Disability Discrimination Termination

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 -
Fishman Haygood LLP

The U.S. Fifth Circuit Applies American Pipe to Preserve Putative Class Member’s Discrimination Claims

Fishman Haygood LLP on

The U.S. Fifth Circuit Court’s recent decision in Zaragoza v. Union Pacific Railroad (“Zaragoza”) has highlighted key issues in class action lawsuits and the application of tolling principles. The plaintiff’s previous...more

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

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

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

BCLP

UK HR Two-Minute Monthly: May 2024

BCLP on

Our May update includes a case on whistleblowing where the claimant’s belief in the disclosures was questioned along with whether decision makers who knew little or nothing about the disclosures could be blamed for those who...more

BCLP

UK HR Two-Minute Monthly: April 2024

BCLP on

Our April update includes a case on AI facial recognition software that allegedly discriminated against black people, a case where an individual carrying out a dismissal did not have enough knowledge of protected disclosures...more

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

Connecticut Appellate Court Rules Employer Could Discharge Medical Marijuana User Impaired on the Job

On March 19, 2024, the Connecticut Appellate Court upheld an employer’s right to discharge an employee for being impaired on the job from medical marijuana under a state law that provides employment protections for qualified...more

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

Medical Marijuana Usage Is Not Protected Under the ADA, Vermont Federal Court Rules

On February 14, 2024, a judge of the U.S. District Court for the District of Vermont dismissed a plaintiff’s Americans with Disabilities Act (ADA) discrimination and failure-to-accommodate case, holding that his medical...more

Parker Poe Adams & Bernstein LLP

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

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

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

Deaf Ramp Agent’s Inability to Communicate With Others While Working Posed ‘Direct Threat’ to Employee Safety, Court Rules

SkyWest Airlines, Inc., was justified in discharging a deaf ramp agent because his inability to hear or effectively communicate posed a “direct threat” to the safety of himself and others, the U.S. District Court for the...more

U.S. Equal Employment Opportunity Commission...

Cash Depot Pays $55,000 to Settle EEOC Disability Discrimination Lawsuit

ATM Service Provider Resolves Federal Lawsuit Charging That It Failed to Accommodate And Fired Employee Because of Disability - HOUSTON – Cash Depot, LTD, a privately owned, independent ATM service provider headquartered...more

BCLP

UK HR Two-Minute Monthly: June 2023

BCLP on

Our June update includes cases on whether an employer notified of an employee’s pregnancy just before termination is liable for a pregnancy dismissal, whether an employer’s future discovery of a disability makes it...more

Genova Burns LLC

NJ Appellate Division Rules No Age or Disability Bias in Termination of 60-Year-Old Employee

Genova Burns LLC on

On March 29, 2023, the New Jersey Appellate Division affirmed an employer’s win after a former employee claimed he was fired on the basis of his age and disability. In Estate of Zoto v. Cellco Partnership d/b/a Verizon...more

Bradley Arant Boult Cummings LLP

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

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

Seyfarth Shaw LLP

Trust But Verify: Conduct Your Own Investigation Before Termination

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a recent ruling, Brooks v. Avancez, (Decided July 6, 2022) the U.S. Court of Appeals for the Seventh Circuit affirmed a finding for summary judgment for an employer after it was found to have terminated...more

Dickinson Wright

Yes, CBD Registers On a Drug Screen as THC and, Yes, You Can Be Terminated for It

Dickinson Wright on

There is a lot to unpack in the Lehenky v. Toshiba America Energy Systems Corporation, Case No. 20-4573 (E.D. PA, February 22, 2022) case as it answers two very interesting questions. First, does CBD register on a drug screen...more

Ballard Spahr LLP

Unclear, Inconsistently Enforced Policy Supports Employee Discrimination Claim

Ballard Spahr LLP on

Summary Shortly after requesting an accommodation for his disability, an employee was terminated for violating company policy. But because the policy at issue was vague, ever-evolving, and inconsistently enforced, the Utah...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

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

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

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

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

Locke Lord LLP

The First Circuit Sends an ADA Warning ‎to Employers

Locke Lord LLP on

On September 15, the United States Court of Appeals for the First Circuit issued a startling and ‎ominous opinion construing the Americans with Disabilities Act (ADA) in a manner which ‎employers should take heed. In a...more

Jackson Lewis P.C.

Tenth Circuit: No Adverse Action Necessary To Prove A Violation Of The ADA’s Accommodation Requirements

Jackson Lewis P.C. on

The Tenth Circuit recently held that a disabled employee was not required to show that she suffered a separate adverse employment action to establish a failure to accommodate claim under the American’s with Disabilities Act...more

Foley Hoag LLP

New EEOC Guidance Explains ADA Protections For Opioid Users

Foley Hoag LLP on

The rise in opioid use and addiction in the United States has raised complicated issues for employers. On August 5, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) addressed some of these issues by issuing...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

Fox Rothschild LLP

Appeals Court Rejects Disability Discrimination Claim Of Employee With Supervisor-Induced Stress And Migraines

Fox Rothschild LLP on

When an employee requests an accommodation or asserts a claim under the Americans with Disabilities Act, an employer’s second question—right after “Are we even covered by the ADA?”—will likely be: “Did/does the employee have...more

U.S. Equal Employment Opportunity Commission...

Diamond B & Harris Companies Pay $100,000 to Settle EEOC Disability Discrimination Suit

Company Fired Certified Rigger Due to Epilepsy, Federal Agency Charged - SEATTLE - A Bellingham, Wash.-based company formerly doing business as Diamond B Constructors, Inc. and its successor, Harris Companies, will pay...more

Seyfarth Shaw LLP

Nuclear Power Company Avoids ADA Discrimination Claim Meltdown

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Flaherty v. Entergy Nuclear Operations, Inc., ___ F.3d ___, No. 18-1759, 2019 WL 7046367, at *1 (1st Cir. Dec. 23, 2019), the First Circuit struck a terminated nuclear plant security officer’s...more

Seyfarth Shaw LLP

Sixth Circuit “Regarded As” ADA case — When Reality and Perception Collide

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Americans with Disabilities Act (ADA) not only provides protection to individuals who have physical or mental impairments, but to individuals an employer may perceive to have such impairments. These...more

97 Results
 / 
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide