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
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
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
Last week, UPS settled its long-running case with Peggy Young, the employee whose case went up to the Supreme Court after she was denied light duty. As many will recall from an earlier blog post, the high court found that...more
This week, I had the pleasure of presenting with Department of Labor and EEOC officials on key developments out of Washington with respect to leave management and accommodations. Our presentation was part of the...more
In a decision to be officially released on May 19, 2015, the Connecticut Appellate Court has addressed two interesting issues in the state law of employment discrimination, one of which is of considerable importance (and...more
Earlier this week, the U.S. Supreme Court declared that a new test applies for pregnancy discrimination. In Young v. UPS, the Supremes decided that in pregnancy discrimination actions under the federal Pregnancy...more
Since the case was argued on December 3, 2014, practitioners and clients alike have been anxiously awaiting the Supreme Court's decision in Young v. United Parcel Service, Inc. That wait is over as the Supreme Court issued a...more
This is one of our "ones to watch for 2015" – Young v. UPS. The legal question certified by the Supreme Court in 2014 was: Whether, and in what circumstances, the Pregnancy Discrimination Act requires an employer that...more
On March 25, 2015, the Supreme Court of the United States settled a controversy surrounding an employer’s policy that provided light-duty work for certain employees (including some disabled employees) but not for pregnant...more
On March 25, 2015, the U.S. Supreme Court issued a ruling overturning a lower court’s decision dismissing a woman’s Pregnancy Discrimination Act (“PDA”) case and remanded the case for further proceedings. By overturning the...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
The Supreme Court of the United States is ending its summer recess and will start hearing oral arguments next week. There are seven key cases on the Court’s docket for the current term that could affect retailers. Here is a...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
Signaling that it is considering taking up the issue of what accommodations employers must provide for pregnant employees, the Supreme Court last month requested the Solicitor General’s opinion as to whether to accept the...more