Summary Judgment, Interactive Process

Law School Toolbox Podcast Episode 412: Listen and Learn -- Motions for Summary Judgment
What Litigants Need to Know about Summary Judgment
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Patent Infringement: Successful Litigation Stays the "Course"
Podcast: Non-binding Guidance: Examining FDA’s Enforcement Authority Over Stem Cell Clinics and Compounders
K&L Gates Triage: Avoiding the Risks Associated with Mandatory Vaccination Programs

Employer’s ‘Take It or Leave It’ Offer of Remote Work as Reasonable Accommodation Is a Jury Question, D.C. Circuit Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/19/2024

On August 9, 2024, the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s grant of summary judgment in favor of the U.S. Environmental Protection Agency (EPA) on an employee’s...more

6th Circuit Reinstates Failure-to-Accommodate Claim Against Employer That Terminated Employee With Outstanding Leave Request

Butler Snow LLP on 7/6/2022

Once an employee requests an accommodation, the employer has a duty to engage in an “interactive process” to try to determine whether the employer can accommodate the employee’s disability...more

Key California Employment Law Cases: June 2019

Payne & Fears on 8/29/2019

This month's key California employment law cases involve EEOC charges, disability discrimination, and meal breaks....more

Crosstown Traffic! Facts Surrounding Employee’s ADA/FMLA Request to Avoid Bad Traffic Not Enough

Bradley Arant Boult Cummings LLP on 1/7/2019

Not all requests for accommodation or FMLA leave will fit into neat boxes like “pregnancy” or “knee surgery.” Because the ADA definition of a disability includes any impairment that affects a major life function, employers...more

Point for the (Work from) Home Team? Sixth Circuit Says Attendance at Work Not Automatically an Essential Work Function

Bradley Arant Boult Cummings LLP on 7/20/2018

“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

Court Labels Employer Post-Offer Medical Examination “Textbook Case” of ADA Regarded As Liability

Jackson Lewis P.C. on 3/1/2017

When used lawfully, post-offer, pre-employment medical examinations can be a powerful tool. But a recent federal district court case demonstrates the importance of carefully implementing such programs...more

Arkansas Federal Court: Failure to Accommodate, in and of Itself, Violates the ADA

Jackson Lewis P.C. on 2/17/2017

Despite the lack of a clear causal connection between an employer’s failure to grant an employee’s request for additional training and its decision to terminate her employment, an Arkansas federal district court recently...more

California Federal Court Reminds Employers That They Must Carefully Navigate Disability Accommodation Process

Mintz - Employment Viewpoints on 7/20/2016

The obligation to accommodate a disabled employee is an ongoing one; a doctor’s note may not be a prerequisite to engage in the interactive process – those are two important lessons that employers should take away from a...more

Employer Policy Failure Precludes Summary Judgment on Discrimination Claim

Seyfarth Shaw LLP on 6/29/2016

Seyfarth Synopsis: California Court of Appeal reverses a summary judgment for an employer that failed to follow its own policy regarding layoffs. Moore v. Regents of the University of California serves as a reminder to...more

Disability Discrimination Claims Were Properly Dismissed On Summary Judgment

Proskauer - California Employment Law on 3/10/2015

Tony Nealy worked as a solid waste equipment operator for the City of Santa Monica before injuring his knee in July 2003 while moving a large bin full of food waste. Nealy was temporarily totally disabled due to the injury...more

Employers Beware: Anything Short of a Robust Attempt to Engage in Interactive Process Might Preclude Summary Judgment

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/28/2013

Several recent cases in the Sixth Circuit Court of Appeals remind employers that their obligation to engage in the interactive process is an increasingly onerous one. First, in Keith v. County of Oakland, No. 11-2276 (6th...more

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