News & Analysis as of

Reasonable Accommodation Wrongful Termination Employer Liability Issues

Parker Poe Adams & Bernstein LLP

Third Circuit Says Temporary Impairment Qualifies as ADA Disability

Last month, we reported on a decision from the Sixth Circuit Court of Appeals (which includes Tennessee) concluding that an employee’s asthma did not constitute a protected disability under the Americans with Disabilities...more

Genova Burns LLC

Reminder To Employers: Even Temporary Impairments Can Be A Disability Under The Law

Genova Burns LLC on

Last week’s decision by the Third Circuit Court of Appeals, Morgan v. Allison Crane & Rigging LLC, stands as a reminder to employers to exercise caution in how they navigate accommodating employees with temporary medical...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues All Day Medical Care Clinic for Discriminating Against Employee for Not Disclosing Disability During Job Interview

Maryland Health Care Provider Terminated Employee with Vision Impairments for Requesting Reasonable Accommodation on First Day of Work - BALTIMORE – All Day Medical Care Clinic, LLC, which operates five medical clinics in...more

Proskauer - California Employment Law

California Jury Awards Employees $7.6 Million in Latest Gargantuan Wrongful Termination Verdict

A Los Angeles jury has ordered an apartment building owner and property management company to pay $7.6 million to two former live-in apartment managers who claimed to have been wrongfully terminated and discriminated against...more

McDermott Will & Emery

COVID-19 Vaccine FAQs for Employers

McDermott Will & Emery on

Yes, an employer can implement a mandatory COVID-19 vaccination policy, subject to some conditions and exceptions. A mandatory vaccine policy must be job-related, consistent with business necessity or justified by a direct...more

Jaburg Wilk

Everything Employers and Employees Need to Know When an Employee Feels Unsafe Returning to Work Due to COVID

Jaburg Wilk on

Many employees are concerned about returning to work due to COVID-19. Employers need to be prepared for their employee’s requests. They will want to treat their employees fairly and also minimize their liability. There are...more

Burr & Forman

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

Burr & Forman on

On June 1, 2020, the Eleventh Circuit Court of Appeals entered an unpublished, per curiam decision affirming the grant of summary judgment in the U.S. District Court for the Middle District of Florida, Jacksonville division...more

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

Federal Court in North Carolina Rules Regarding Reasonable Accommodations

On February 24, 2020, the U.S. District Court for the Middle District of North Carolina issued an opinion in Brown v. Martin Marietta Materials, Inc. regarding disability discrimination, reasonable accommodations, and...more

Seyfarth Shaw LLP

Pennsylvania Court Allows Medical Pot User To Proceed With Wrongful Termination Suit

Seyfarth Shaw LLP on

In a recent decision, Palmiter v. Commonwealth Health Systems, the Pennsylvania Court of Common Pleas held that: (a) the Pennsylvania Medical Marijuana Act (“MMA”) creates a private right of action for wrongful termination;...more

Seyfarth Shaw LLP

5th Circuit Says No, Employer Not Liable for Religious Discrimination, Retaliation, or First Amendment Violations in Employee...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Vaccinations have been widely debated over the past few years, leaving employers unclear about their obligations to accommodate employees whose religious beliefs conflict with them. Recently the U.S. Court...more

Proskauer - California Employment Law

Employer That “Mistakenly” Terminated Employee On Disability Leave May Be Liable For Discrimination

Glynn v. Superior Court, 42 Cal. App. 5th 47 (2019) - John Glynn worked as a pharmaceutical sales representative before he commenced a medical leave of absence for a serious eye condition (myopic macular degeneration)....more

U.S. Equal Employment Opportunity Commission...

Century Care of Laurinburg to Pay $30,000 to Settle EEOC Pregnancy Discrimination Suit

Pregnant Nursing Assistants Were Denied Accommodations and Fired, Agency Charged - CHARLOTTE, N.C. - Century Care of Laurinburg, Inc. d/b/a Scottish Pines Rehabilitation & Nursing Center (Scottish Pines), a North Carolina...more

U.S. Equal Employment Opportunity Commission...

American Woodmark to Pay $25,000 to Settle EEOC Disability Discrimination Suit

Employee With Disabilities Denied a Reasonable Accommodation and Discharged After Seeking Two Days of Unpaid Leave, Federal Agency Charges - ATLANTA - American Woodmark Corporation, a wood cabinetry manufacturer, will pay...more

Littler

Ontario, Canada: When an Employment Contract Is Frustrated Due to the Employee’s Permanent Disability, the Employer’s Duty to...

Littler on

Employers in Ontario will likely welcome the decision in Katz et al. v. Clarke, 2019 ONSC 2188 (Divisional Court), which addressed the scope of the duty to accommodate in the event of an employee’s permanent disability. ...more

U.S. Equal Employment Opportunity Commission...

Christus St. Vincent Sued by EEOC for Disability Discrimination

Hospital Supervisors Refused Accommodation for Deaf Employee, Federal Agency Charges - SANTA FE, N.M. - Christus Health, doing business as Christus St. Vincent Regional Medical Center in Santa Fe, N.M., violated federal...more

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

Share and Share Alike: Sharing Essential Job Functions May Qualify as a Reasonable Accommodation

On April 1, 2019, the United States District Court for the Northern District of Illinois denied summary judgment in an Americans with Disabilities Act (ADA) case, determining that occasionally excusing employees from...more

Foley & Lardner LLP

Be Careful When Firing an Employee Who Is Out On Workers’ Compensation

Foley & Lardner LLP on

Handling workers’ compensation claims can present a number of challenges, such as determining whether an injury is work-related and evaluating back-to-work accommodation requests. Another challenge arises when you consider...more

Dickinson Wright

Avoiding Illegal Termination of Employees in Nevada

Dickinson Wright on

One of the many challenges for employers is that, occasionally, employees must be terminated. Unfortunately, sometimes those former employees claim to have been terminated illegally, giving rise to the risk of legal and...more

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

Is Never Returning to Work a Reasonable Accommodation? Fifth Circuit Says No

On March 15, 2017, in Moss v. Harris County Constable Precinct One, the Fifth Circuit Court of Appeals reaffirmed that an employer is not required to accommodate an employee who is requesting indefinite leave as a reasonable...more

Genova Burns LLC

District of New Jersey Ruling Leaves Employers High and Dry as to Guidance on Dealing with Medical Marijuana Users

Genova Burns LLC on

On February 21, 2017, the District of New Jersey dismissed a wrongful termination lawsuit by a medical marijuana user who claimed that the employer failed to accommodate his disability in violation of the New Jersey Law...more

Obermayer Rebmann Maxwell & Hippel LLP

One Expensive Bottle of Orange Juice: Denial of a $1.69 Orange Juice Costs Dollar General $277,565 in Back Pay and Damages

On September 16, 2016, a Tennessee jury awarded Linda Atkins, a former Dolgencorp LLC (“Dollar General” or the “Company”) Sales Associate, $277,565 in back pay and compensatory damages after being fired for drinking orange...more

Proskauer - California Employment Law

California Employment Law Notes - May 2016

Employee Who Needed To Assist Disabled Son Could Proceed With "Associational Disability Discrimination" Claim - Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) - Luis...more

Foley & Lardner LLP

Connection to Someone With a Disability is Nearly Identical to an Actual Disability

Foley & Lardner LLP on

As disability discrimination and accommodation claims continue to rise across the country, an appellate court in California may have just helped significantly expand such claims in the future by finding that an employee can...more

Foley & Lardner LLP

Allowing an Employee to Work a Shorter Shift May Be a Reasonable Accommodation

Foley & Lardner LLP on

A recent federal district court decision is a good reminder that an employer needs to explore all options before denying an accommodation request, including whether it can go back to an employment practice it has changed and...more

Proskauer - California Employment Law

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

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