Job Description Mistakes You Don’t Want to Make
II-27 - Our 1st Anniversary Special: Bringing Back Our Inaugural Guest to Discuss What Was and What Will Still Be With President Trump
Real World Impact: This is the first in a series of Alerts that will provide guidance to employers on navigating the complicated mix of concerns that can arise when dealing with employee mental health issues....more
In EEOC v. Charter Communications, LLC, the Seventh Circuit Court of Appeals recently held an employee with a disability may be entitled to an Americans with Disabilities Act (ADA) accommodation to get to work when attendance...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
In a case that helps employers understand what a “reasonable accommodation” is, the Eleventh Circuit Court of Appeals recently affirmed a lower court’s ruling of summary judgment for a Georgia employer who was accused of...more
After the COVID-19 pandemic required many employers to implement remote work arrangements (both to continue their operations and to comply with new state and federal regulations), many employers – and employment lawyers –...more
A recent 10th Circuit decision exemplifies the types of inquiries an employer may make under the Americans with Disabilities Act (ADA) – ones which are “job-related and consistent with business necessity.” The ADA otherwise...more
Seyfarth Synopsis: Athleisure company is rightfully able to terminate the employment of individual with physical limitations, despite that individual’s ability to delegate such functions of her position. See Tonyan v....more
Anthony v. TRAX Int’l Corp., No. 18-15662, 2020 WL 1898843 (9th Cir. Apr. 17, 2020) - Summary: An employer may use after-acquired evidence to show that a plaintiff is not a qualified individual under the Americans with...more
I get this call pretty frequently. A client wants know whether it should accommodate an employee by allowing the employee to telecommute or work remotely. The answer, in typical attorney fashion, is "it depends." And it does....more
The retail setting is a particularly difficult one in which to make accommodations. This is because retail employees engage in a host of different duties that require all manner of physical activities. Those who are...more
What is a Reasonable Accommodation Under the ADA? Under the Americans With Disabilities Act, as amended (“ADA”), employers have a duty to provide reasonable accommodations to qualified individuals with a disability. It is...more
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
Job descriptions are a crucial part of recruitment and hiring, and of performing an Equal Pay Act Analysis, classifying employees for purposes of the Fair Labor Standards Act, and developing reasonable accommodations under...more
It was a close call, but a court recently denied an employee’s Americans with Disabilities Act claim that her employer had improperly refused a request to continue working from home as an accommodation. With the growth of...more
Seyfarth Synopsis: In a 2-1 decision in Bilinsky v American Airlines, Inc., 2019 WL 2610944 (7th Cir. June 26, 2019), the Seventh Circuit recently affirmed American Airlines’ summary judgment win against a former employee who...more
Paid leave and orthodontia coverage are so passé. Companies are stepping up their game to attract and retain top talent. Ping-pong tables and “paw-ternity”5 leave are no longer novel benefits....more
When can you send an employee for a medical exam? In EEOC v. McLeod Health, Inc., the Fourth Circuit recently provided some guidance and allowed a plaintiff’s claim for an illegal medical exam to proceed to the jury despite...more
Over the past several years, our practice has seen a marked increase in the number of employee accommodation requests that involve remote work. As communications technologies have improved, these employees regularly contend...more
A good job description can equip an employer with the best possible workforce available. Inaccuracies and oversights, however, can entangle your company in litigation for years. Bethany Salvatore and Bryant Andrews talk us...more
Even though the #MeToo movement has rightfully commanded overwhelming attention during the past year or so, supervisors cannot afford to lose sight of their substantial legal duties in complying with the Americans with...more
There has been a burst of recent Americans with Disabilities Act (ADA) decisions from around the country that can teach valuable lessons to employers. Last month, we looked at three cases examining the question of whether an...more
“You have to show up for work—it’s a part of your job.” Attendance at the workplace is an essential work function in an ADA case. But is it really anymore? With technology, some would argue that many jobs can be done from...more
In this episode, Ryan Redekopp discusses some of the major workplace considerations related to the opioid epidemic, including potential signs that an employee might be suffering from addiction; considerations related to drug...more
In a decision that will provide some solace to employers asked to permit remote work as a reasonable accommodation under the Americans with Disabilities Act, the United States Court of Appeals for the Fifth Circuit recently...more
Computers, mobile devices, and the Internet are integral parts of today’s workplace. Employees email, log into various systems and programs, complete employer forms, and manage their time online. Job seekers research...more