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U.S. Equal Employment Opportunity Commission...

EEOC Sues Total Systems Services for Disability Discrimination and Retaliation

Global Payments Company Denied Worker’s Pleas for Remote Work Due to High Risk for COVID-19 Infection, Federal Agency Charges - ATLANTA – Total Systems Services, LLC, a global payments processing company based in Columbus,...more

Whitman Legal Solutions, LLC

What Documentation May a Landlord Require from a Tenant With an Assistance Animal?

Laws regarding service and emotional support animals can be confusing to property owners—and guidance can vary depending upon the type of animal and its function. For example, recently, the Department of Housing and Urban...more

Foley & Lardner LLP

New EEOC Guidance: The Use of Artificial Intelligence Can Discriminate Against Employees or Job Applicants with Disabilities

Foley & Lardner LLP on

As the use of artificial intelligence wedges its way into every side of business and culture, government regulation is (perhaps too slowly) moving to build legal boundaries around its use. On May 12, 2022, the Equal...more

Moore & Van Allen PLLC

Artificial Intelligence Tools in Employment: The EEOC is Watching Too

Moore & Van Allen PLLC on

The U.S. Equal Employment Opportunity Commission (“EEOC”) is tasked with administrative enforcement of a variety of employment discrimination laws, including the Americans with Disabilities Act as amended (the “ADAAA”). The...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues JDKD Enterprises for Disability Discrimination

McDonald’s Franchise Terminated Long-Term Employee Based on His Autism Spectrum Disorder, Federal Agency Charges - PHILADELPHIA — JDKD Enterprises, LP, a Sewell-New Jersey limited partnership that owns and operates numerous...more

Fisher Phillips

Litigation Trend in the Healthcare Industry Reveals Claims of Failure-to-Accommodate Disabled Employees During Pandemic’s Height

Fisher Phillips on

With the ongoing and largely successful national vaccine rollout, the path to some semblance of normalcy seems within Summer’s grasp. However, many employers across the country find themselves swimming in costly and prolonged...more

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

Massachusetts Federal Court Preliminarily Requires Employer to Allow Employee’s Teleworking

On September 16, 2020, in Peeples v. Clinical Support Options, Inc., No. 3:20-cv-30144, a federal district court in Massachusetts took the unusual step of precluding an employer from discharging an employee who claimed an...more

Burr & Forman

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

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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

Pullman & Comley - Labor, Employment and...

The EEOC Issues Yet More Guidance on the ADA Accommodations and COVID-19

As the country starts discussing the possibility of businesses reopening, the EEOC has, again, updated its guidance on COVID-19 and the Americans with Disabilities Act (“ADA”.) This third installment focuses heavily on...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Reminds Employers to Consider Transfers as ADA Accommodations

In order to claim discrimination under the Americans with Disabilities Act, employees must demonstrate that they could perform the essential functions of the job but were denied a reasonable accommodation. Some employers...more

Parker Poe Adams & Bernstein LLP

ADA Allows Employers to Offer ‘Last Chance' to Employees After Alcohol or Drug Violations

As an alternative to termination, employers faced with employee drug or alcohol policy violations sometimes want to give that person a second chance. Typically, this process involves a commitment by the employee to seek...more

Cozen O'Connor

Texas’ Expansion of Medical Marijuana May Impact Employers

Cozen O'Connor on

Texas has largely avoided the wave of marijuana legalization sweeping the country and the accompanying legal complications that have come along for the ride. Those days may be numbered as the Texas Legislature recently passed...more

Jackson Lewis P.C.

New Jersey’s Amended Medical Marijuana Law Provides Job Protections And Includes Drug Testing Procedures

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New Jersey Governor Phil Murphy signed into law on July 2, 2019 the Jake Honig Compassionate Use Medical Cannabis Act (“CUMCA”) to expand patient access to medical marijuana and to reform the State’s medical marijuana...more

Cozen O'Connor

#No Filter: Terminating an Employee for Social Media Posts

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Prior to the advent of social media and especially the #MeToo movement, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. ...more

Clark Hill PLC

Even Without New Reform Legislation, New Jersey Employers May Have to Accommodate Medical Marijuana Use

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New Jersey employers may have to accommodate employees who are treating with medical marijuana. In Wild v. Carriage Funeral Home, a panel of New Jersey’s Appellate Judges held that simply because New Jersey’s Compassionate...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

Holland & Knight LLP on

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Seyfarth Shaw LLP

Beyond Title III: Website Accessibility Lawsuits Filed Alleging Inaccessible Online Employment Applications

Seyfarth Shaw LLP on

Seyfarth Synopsis: Plaintiffs who pursued numerous web accessibility actions under Title III of the ADA are now using website accessibility to test the limits of a different area of law – employment law – California’s Fair...more

Fox Rothschild LLP

Volvo Reaches $70k Settlement In Disability Discrimination Suit After Refusing To Hire Applicant On Suboxone

Fox Rothschild LLP on

Volvo Group North America, LLC will pay $70,000 and institute a three-year consent decree to resolve a federal disability discrimination suit brought by the U.S. Equal Opportunity Employment Commission (EEOC). According to...more

Troutman Pepper

Interplay Of FMLA And ADA Precludes Employers From Automatically Terminating Employees At End Of FMLA Leave

Troutman Pepper on

Q: Can my company fire an employee once the person has exhausted his or her FMLA leave entitlement? A: Many employers are surprised to learn that they may not necessarily terminate an employee if he or she does not return...more

Clark Hill PLC

Seventh Circuit Rejects EEOC Position Holding That a "Long-Term Leave of Absence" is Not a Reasonable Accommodation

Clark Hill PLC on

On September 20, 2017, the Seventh Circuit held a "long-term leave of absence," in addition to 12 weeks of Family Medical Leave Act (FMLA) leave, is not a reasonable accommodation under the Americans with Disabilities Act...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

Seyfarth Shaw LLP

A Shocker from the Heartland: A Long Term Leave of Absence is NOT A Reasonable Accommodation Under the ADA

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Seventh Circuit sent shockwaves through the EEOC and through the employer community by concluding that multi-month leaves of absence, even those that are definite in term and sought in advance, are not...more

Holland & Knight LLP

Medical Marijuana on Campus: Barbuto's Impact on School Policies Banning Drug Use

Holland & Knight LLP on

The Massachusetts Supreme Judicial Court recently ruled in Barbuto v. Advantage Sales and Marketing, LLC that an employee's use of medical marijuana to treat a qualified disability may be a reasonable accommodation under...more

Brownstein Hyatt Farber Schreck

States Diverge on Employment Law Protections for Medical Marijuana Users

Several courts have held that employees are not protected from termination or other adverse employment action for medical marijuana use, even in cases where they hold a medical marijuana card under state law, when they test...more

Mintz - Employment Viewpoints

Massachusetts: Medical Marijuana as a Reasonable Accommodation in the Workplace

As our readers know, we have been monitoring decisions regarding the ability of employers to take disciplinary action against employees for using marijuana at work. The most recent high court to weigh in on this topic is the...more

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