I-13 – Policies, Policies, Policies, and Microchips Embedded in Employees
Employers know that the Americans with Disabilities Act requires them to engage in an “interactive process” with employees seeking a reasonable accommodation. This is a back-and-forth discussion to determine the employee’s...more
In recent years, an increasing number of lawsuits filed under the Americans with Disabilities Act (ADA) have focused on the employer’s obligation to participate in an interactive process to determine whether there are...more
UPS Fired Jacksonville Employee Because of His Diabetes, Saying he Was a “Liability,” Federal Agency Charges - JACKSONVILLE, Fla. – United Parcel Service, Inc. violated federal law by firing an employee because of his...more
Federal Agency Says Shipping Giant’s Compliance Efforts Warrant Early-Out - CHICAGO – The U.S. Equal Employment Opportunity Commission (EEOC) has, with court approval, released United Parcel Services, Inc. (UPS) from its...more
Federal Judge Approves Final Settlement - ST. LOUIS – A federal judge in the U.S. District Court for District of Kansas entered an order today formalizing a settlement resolving the final dispute between UPS Freight and...more
The Federal Bureau of Investigations Internet Crime Complaint Center (IC3) recently issued a public service announcement warning private companies about the increasing numbers of ransomware attacks affecting private industry....more
Seyfarth Synopsis: Sixth Circuit Court of Appeals clarifies that employers have discretion to provide a reasonable accommodation as identified through the interactive process. Once an employee abandons the interactive...more
On Aug. 24, 2018, the U.S. Court of Appeals for the Seventh Circuit reversed and remanded the district court's decision in favor of the employee in the case of Linda Rowlands v. United Parcel Service-Fort Wayne, No. 17-3281...more
Seyfarth Synopsis: A federal district court in Kansas recently granted the EEOC’s motion for judgment on the pleadings in an ADA lawsuit brought against UPS and an employee union...more
When must an employer provide leave time in addition to FMLA/CFRA-type leave as a reasonable accommodation? The answer to that question, as with many other leave-related questions, may depend on your location on the map....more
Seyfarth Synopsis: A recently-filed lawsuit in the federal district court in Arizona alleges that an employee’s use of medical marijuana may be permissible under the federal Americans With Disabilities Act (ADA). Although the...more
Michael Schmidt of Cozen O'Connor addresses recent trends and noteworthy developments on certain employment policies related to political activity, confidential customer information, FMLA retaliation, and maximum leave...more
The EEOC filed suit against UPS on behalf of approximately 90 current and former employees for multiple violations of the Americans with Disabilities Act (ADA). The agency charged UPS with failing to properly accommodate...more
Company Treats Disabled Drivers Worse Than Drivers With DWIs, Suit Charges - ST. LOUIS - UPS Freight violated federal law by treating a truck driver who was unable to drive because of a minor stroke worse than it treated...more
Maximum leave policies are ubiquitous. These policies typically state that an employee who does not/cannot return from leave within a specified period (e.g. 12 months) will be discharged. Last year the EEOC issued...more
Shipping Giant's Rigid Leave Policies Forced Out Employees Who Needed Accommodations, Federal Agency Charged - CHICAGO - International shipping giant United Parcel Service, Inc. (UPS) has agreed to pay $2 million to nearly...more
Seyfarth Synopsis: The Sixth Circuit recently affirmed a U.S. District Court’s decision granting the EEOC’s application to enforce a subpoena in a disability discrimination investigation, finding that company-wide...more
Twenty-five years ago this week, the Americans with Disabilities Act of 1990 (“ADA”) was enacted into law with its stated purpose being “to provide clear, strong, consistent, enforceable standards addressing discrimination...more
Pregnancy discrimination continues to evolve following the Supreme Court’s 2015 decision in Young v. UPS. As anticipated, the U.S. Equal Employment Opportunity Commission (“EEOC”) released an updated guidance, Q&A resource,...more
In July of this year, we wrote about new EEOC guidance on the accommodation of pregnant employees under both the Americans with Disabilities Act (ADA) and Pregnancy Discrimination Act (PDA). One of the primary issues...more
On July 1, the U.S. Supreme Court granted review of a case from the Fourth Circuit Court of Appeals (which includes North and South Carolina) that may resolve a circuit split with regard to employers’ obligations to provide...more
Let me share a story about UPS, although in the end, this story has nothing to do with UPS. For about the past 10 years, UPS has maintained a policy of terminating any employees who are unable to return to work after...more
Decision Important to Issue of Identifying Victims of Discrimination in Class Cases, Federal Agency Says - CHICAGO - A federal district court has denied United Parcel Service's (UPS) motion to appeal an earlier ruling...more
In an important ruling for employers, the Fourth Circuit recently underscored that the Pregnancy Discrimination Act (PDA) does not require employers to provide pregnant workers with special accommodations. Young v. United...more
Is this new UPS pregnancy discrimination decision really such great news for employers? HINT: Check the dates!!! The U.S. Court of Appeals for the Fourth Circuit* held this week that there is no "reasonable...more