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Reasonable Accommodation Termination Employer Liability Issues

Clark Hill PLC

Lactation Accommodation Results in Misconduct Firing, Tenth Circuit Affirms

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Here’s an interesting case that at first blush appears to be an accommodations case, but on a deeper dive is a workplace misconduct case. In Spagnolia v. Charter Communications LLC, The Tenth Circuit Appeals affirmed the...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

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

Constangy, Brooks, Smith & Prophete, LLP

Constangy’s Top 5 Employment Law Articles of 2023

The world of employment law is ever-changing, and 2023 was no exception. Keeping up with the latest developments can be daunting, but it's necessary for professionals across all industries. That's why we've compiled a list of...more

Venable LLP

Responding to Mental Health Accommodation Requests

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Many employers have experienced an increase in employee requests for accommodations in the past few years. A federal jury’s recent award in Lisa Menninger v. PPD Development L.P. reminds employers that accommodation requests,...more

Tucker Arensberg, P.C.

Terminating Poor Performers During or After FMLA or ADA Leave: Key Considerations

Tucker Arensberg, P.C. on

Performance management is one of the most important–and difficult–issues that employers face in supervising their workforce. Dealing with performance problems becomes even harder when an underperforming employee requests or...more

Rivkin Radler LLP

The Employment Law Reporter - September 29 2022

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Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has ruled that Title IX of the Education Amendments of 1972 affords a faculty member a private right of...more

Bradley Arant Boult Cummings LLP

Now I Know My CBDs – Louisiana Court Favors Employee Terminated for Failing Marijuana Test

This country’s relationship with cannabis is a complicated one, and as is often the case in complicated matters, words matter. Marijuana and hemp are different strains of the Cannabis sativa L plant. So, “cannabis” is a...more

Bradley Arant Boult Cummings LLP

Was There a Rainbow Connection? Arkansas Court Allows Religious Discrimination Case to Go Forward over Apron Symbol

Accommodating an employee’s sincerely held religious beliefs can be tricky. In EEOC v. Kroger, a court in Arkansas gives some guidance on how to handle these claims. The case law surrounding religious failure-to-accommodate...more

Ballard Spahr LLP

Unclear, Inconsistently Enforced Policy Supports Employee Discrimination Claim

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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

Constangy, Brooks, Smith & Prophete, LLP

The $450,000 workplace birthday party

There was this disability discrimination issue . . . An employer who shall remain nameless had a tradition of throwing a little birthday party for each of its employees on their special day. The birthday of one employee...more

Levenfeld Pearlstein, LLC

3 Reminders for Employers After an Employee Is Awarded $450,000 for His Unwanted Birthday Party

A jury recently awarded a Kentucky man $450,000 after his employer threw him a surprise birthday party against his wishes, and then terminated him for how he reacted. The employee, Kevin Berling, has an anxiety disorder and...more

Stokes Wagner

A Suspended Employee is Still an Employee Under the ADA

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Picture the following scenario: An employee engages in misconduct at work that results in suspension pending investigation and would normally probably end in termination. But at the time of the suspension, the employee...more

Seyfarth Shaw LLP

First Circuit Sides with Employer in Race Discrimination Suit Brought by Former Garbage Man

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Seyfarth Synopsis: On February 18, 2022, the U.S. Court of Appeals for the First Circuit affirmed a district court decision granting a municipal employer’s motion for summary judgment in a case brought by a former garbage man...more

Rivkin Radler LLP

The Employment Law Reporter - January 2022

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Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has affirmed a district court’s decision dismissing employment discrimination claims brought by a...more

Bradley Arant Boult Cummings LLP

Get Poked or Get Canned – Can You Terminate an Employee for Refusing the Vaccine?

The answer is it depends. Why is the employee refusing the vaccine? For employers mandating the vaccine, an employee’s refusal to receive it because he or she simply does not want to be vaccinated is likely fair game...more

Locke Lord LLP

The First Circuit Sends an ADA Warning ‎to Employers

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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

U.S. Equal Employment Opportunity Commission...

K&L Auto Crushers Settles EEOC Disability Discrimination Suit

Auto Recycler Fired Employee During Treatment for Cancer After Denying Her Requests for Accommodation, Federal Agency Charged - DALLAS – Tyler, Texas-based K&L Auto Crushers will pay $90,000 and furnish other relief to...more

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

Texas Supreme Court Rules Request for Disability Accommodation Does Not Support Retaliation Claim Under State Law

Texas courts generally look to federal courts’ interpretation of federal anti-discrimination laws to assist in interpreting the anti-discrimination provisions of the Texas Commission on Human Rights Act (TCHRA). However, the...more

Constangy, Brooks, Smith & Prophete, LLP

Everything Employers Always Wanted To Know About Vaccines . . . And Have Been Asking About For Months.

Just before the Memorial Day holiday, we had a “breaking news” bulletin about the revised guidance published Friday by the Equal Employment Opportunity Commission about employers’ and employees’ rights when it came to...more

Constangy, Brooks, Smith & Prophete, LLP

The Insidious Deception That Is "Employment At Will"

Employers, don't get played. "This is an employment-at-will state, and I can fire you for a good reason, a bad reason, or no reason at all." Oh, yeah?... ...more

Constangy, Brooks, Smith & Prophete, LLP

Employer Gets Whacked On Workers' Comp, FMLA Overlap

Bless this employer's heart. Ten years ago or so, every employment lawyer and his sister was calling the interaction between workers' compensation, the Family and Medical Leave Act, and the Americans with Disabilities Act...more

Jackson Lewis P.C.

Employee Incapable Of Complying With Valid Safety Requirements Is Not A “Qualified” Individual

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An employee who is categorically unable to comply with an employer’s valid workplace safety requirement is not a “qualified” individual under the Americans with Disabilities Act (ADA), even if the safety requirement is not...more

Jackson Lewis P.C.

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

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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

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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

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