News & Analysis as of

Termination Reasonable Accommodation Americans with Disabilities Act (ADA)

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

Littler

Littler Lightbulb: June Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Husch Blackwell LLP

8th Circuit Decision Roundup – June 2024

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The Eighth Circuit Court of Appeals has issued several significant decisions that employers doing business in Minnesota should be aware of. Here are a few highlights of recent Eight Circuit Decisions that have addressed...more

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

Eleventh Circuit Upholds Ruling for Employer on ADA Claims Where Employee Submitted Noncompliant Return-to-Work Letter

On February 7, 2024, in Jones v. Georgia Ports Authority, the U.S. Court of Appeals for the Eleventh Circuit affirmed a district court’s grant of summary judgment for an employer where a former employee who requested an...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

U.S. Equal Employment Opportunity Commission...

Cash Depot Pays $55,000 to Settle EEOC Disability Discrimination Lawsuit

ATM Service Provider Resolves Federal Lawsuit Charging That It Failed to Accommodate And Fired Employee Because of Disability - HOUSTON – Cash Depot, LTD, a privately owned, independent ATM service provider headquartered...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

U.S. Equal Employment Opportunity Commission...

EEOC Sues Alternate Solutions Health Network for Disability Discrimination

Federal Agency Charges Home Health Care Company With Firing Therapist with Seizure Disorder Because She Could Not Drive - DETROIT – Providers of home health care services Alternate Solutions Health Network, LLC (ASHN), and...more

Goldberg Segalla

Employee Protection Limited for ADA and FMLA Discrimination and Retaliation Claims

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Key Takeaways - Resolved medical conditions and COVID-19 symptoms — aside from “Long COVID” — may not be considered “disabilities” under the ADA. A seven-week period between employee engagement in protected activity and an...more

U.S. Equal Employment Opportunity Commission...

Papa John’s Pizza to Pay $175,000 to Settle Disability Discrimination Lawsuit

Settles Federal Agency Charges Pizza Chain Failed to Accommodate and Fired Blind Employee Because of Disability - ATLANTA – Papa John’s Pizza, an international chain of pizza restaurants based in Louisville, Kentucky, will...more

U.S. Equal Employment Opportunity Commission...

Community Hospital to Pay $158,000 to Settle EEOC Disability Discrimination Lawsuit

Settles Federal Charges Hospital Failed to Transfer Injured Nurse to a Vacant Job She Could Perform, and Terminated Her Instead - INDIANAPOLIS – Munster Medical Research Foundation, Inc., doing business as Community...more

Venable LLP

Responding to Mental Health Accommodation Requests

Venable LLP on

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

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

Foley & Lardner LLP

Don’t Let a Focus on Legal Rights Crowd Out Options that Lower Risks

Foley & Lardner LLP on

This may seem surprising coming from a lawyer. But, if you focus solely on legal rights and obligations, you may not be taking full advantage of opportunities to lower legal risks. Knowing “what’s legal” is an important...more

Rivkin Radler LLP

The Employment Law Reporter - September 29 2022

Rivkin Radler LLP on

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

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

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

Iowa Strengthens Medical and Religious Exemptions From Vaccine Policies, Permits Individuals Discharged for Refusing Vaccines to...

On October 29, 2021, Iowa Governor Kim Reynolds signed House File 902 into law, a measure that requires Iowa employers with mandatory COVID-19 vaccine policies to waive their requirements for employees who seek vaccination...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

Locke Lord LLP on

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

Husch Blackwell LLP

Wisconsin Jury Returns $125 Million Verdict In EEOC Disability Discrimination Case

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An eight-person jury returned a $125 million verdict against a major retailer in favor of a Down syndrome woman claiming disability discrimination. The case, EEOC v. Walmart Stores East LP, U.S. District Court for the Eastern...more

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