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Reasonable Accommodation Performance Reviews

Fisher Phillips

The Employer’s Playbook for Managing Remote and Hybrid Workforces

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The rise of remote work has forced employers to tackle one challenge after another – and now the biggest challenge is effectively managing remote and hybrid workforces for the long term. When the pandemic hit, many employers...more

Constangy, Brooks, Smith & Prophete, LLP

Your employee has dementia: what to do?

Expect to see more of this. A judge in Connecticut recently dismissed a lawsuit filed by a 26-year employee who developed early-onset Alzheimer's disease. According to the court's opinion, the employee had performed well...more

Constangy, Brooks, Smith & Prophete, LLP

Employees who self-destruct

Mental illness can cause problems at work, and keep employees from getting help. If my experience is typical (and it may not be), it seems that a significant percentage of employers’ legal and Human Resources problems come...more

American Conference Institute (ACI)

[Event] 30th Annual Employment Practices Liability Insurance Conference - January 25th - 26th, New York, NY

ACI’s Forum on Employment Practices Liability Insurance is returning to New York City on January 25 – 26, 2022! IN-PERSON and LIVESTREAM options available. This annual conference is the one-stop, must-attend meeting place...more

Foley & Lardner LLP

Employees Getting Back in the Office – Time to Revisit Employment Processes

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It is no secret that the COVID-19 pandemic forced employers to face unprecedented challenges. Just to name a few, employers had to cope with “stay-at-home” orders, shifting some or all of the workforce to remote duties,...more

Constangy, Brooks, Smith & Prophete, LLP

Employer, Audit Thyself!

Before the coming crackdown. We expect federal agencies under the Biden Administration to move in a not-so-employer-friendly direction as soon as they have a chance to get settled in. While they're still settling in, this...more

Sherman & Howard L.L.C.

Employee’s Self-Diagnosis Of Mental Illnesses Not A Disability Under The ADA

In Jones v. McDonough, the U.S. District Court for the Middle District of Tennessee made clear that a plaintiff cannot rely on a self-diagnosis of mental illnesses to prove that she was entitled to an accommodation under the...more

Seyfarth Shaw LLP

7th Circuit Focuses On Evidence To Avoid Distraction In Associational Discrimination Case

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Seyfarth Synopsis: On August 18, 2020, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgment on a plaintiff’s associational disability discrimination and retaliation claims, finding the plaintiff failed...more

Seyfarth Shaw LLP

Seventh Circuit Affirms Summary Judgment in Disability Suit Where No Evidence that Disability Was “But For” Cause of Position...

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Seyfarth Synopsis: In McCann v. Badger Mining Corporation, — F.3d. — (7th Cir. 2020), the Seventh Circuit affirmed summary judgment and held that no jury could conclude that plaintiff’s position would not have been eliminated...more

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

Inability to Work Under A Particular Supervisor Is Not a Disability in California

In response to standard negative performance feedback from a supervisor, an employee takes a leave of absence due to stress and submits a medical note stating that the employee must be transferred to another department as an...more

Farella Braun + Martel LLP

Supervisor-Caused Stress is Not a “Disability” under the FEHA

The inability to work under a particular supervisor because of anxiety and stress related to the supervisor’s standard oversight of job performance is not a disability recognized under California’s Fair Employment and Housing...more

Fenwick & West LLP

No Duty to Explore Cause of Poor Performance Absent Notice of Correlation to Disability

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A federal district court in Washington refused to require an employer, absent some notice from an employee of the need to do so, to investigate the cause of the employee’s poor performance to explore whether it might be...more

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

California’s New Disability Regulations: Clarifying The Interactive Process

In October 2011, the California Fair Employment and Housing Commission (FEHC) proposed amended regulations governing disability discrimination, reasonable accommodation, and the interactive process under the California Fair...more

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