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Seventh Circuit: A “Do-Over” Is Not an Accommodation

The Seventh Circuit’s recent decision – holding that an employee’s request for a second chance that allows them to change their behavior to meet employer expectations is not a “reasonable accommodation” under the ADA –...more

Seventh Circuit Decision Highlights the Importance of Designing a Legally Compliant PTO Policy

Seyfarth Synopsis: On July 14, 2022, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgment in an Americans With Disabilities Act discrimination and retaliation case filed by an employee with multiple...more

Trust But Verify: Conduct Your Own Investigation Before Termination

Seyfarth Synopsis: In a recent ruling, Brooks v. Avancez, (Decided July 6, 2022) the U.S. Court of Appeals for the Seventh Circuit affirmed a finding for summary judgment for an employer after it was found to have terminated...more

Seventh Circuit Finds that Steel Worker with Uncontrolled Seizure Disorder Would Pose a Direct Threat to Workplace Safety

Seyfarth Synopsis: On February 11, 2022, the U.S. Court of Appeals for the Seventh Circuit affirmed a district court order granting a steel producer’s motion for summary judgment on disability discrimination claims filed by...more

Your Accommodation Can’t Be That Bad, You Asked For It….

Seyfarth Synopsis: Employees can sometimes sour on jobs they transfer to and, this in turn, can create practical and legal risk for employers, particularly where an employee changed jobs in connection with a disability...more

7th Circuit has Spoken: Two Pound Lifting Limit, and Other Restrictions Can be an Unreasonable Accommodation under the ADA

Seyfarth Synopsis: Athleisure company is rightfully able to terminate the employment of individual with physical limitations, despite that individual’s ability to delegate such functions of her position. See Tonyan v....more

Seventh Circuit Affirms Summary Judgment in Disability Suit Where No Evidence that Disability Was “But For” Cause of Position...

Seyfarth Synopsis: In McCann v. Badger Mining Corporation, — F.3d. — (7th Cir. 2020), the Seventh Circuit affirmed summary judgment and held that no jury could conclude that plaintiff’s position would not have been eliminated...more

Sixth Circuit “Regarded As” ADA case — When Reality and Perception Collide

Seyfarth Synopsis: The Americans with Disabilities Act (ADA) not only provides protection to individuals who have physical or mental impairments, but to individuals an employer may perceive to have such impairments. These...more

7th Circuit Rules that Extreme Obesity is Not an ADA Impairment (at Least on These Facts)

The U.S. Court of Appeals in the Seventh Circuit has recently decided a case involving an extremely obese bus driver and denied his claims under the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101–12213, as...more

The ADA Does Not Obligate Employers To Make On-The-Spot Accommodations Of The Employee’s Choosing

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

Ninth Circuit Expands “Regarded-As” Disabled Standard

Seyfarth Synopsis: For the first time since the enactment in 2008 of the ADA Amendments Act (ADAAA), which broadened the definition of a disability under the Americans with Disabilities Act (ADA), the Ninth Circuit addressed,...more

Workplace Hazards And Pregnancy – What’s An Employer To Do?

Seyfarth Synopsis: Employers must evaluate their safety protections for pregnant women and engage in the interactive process with employees to find reasonable accommodations....more

Watch Out: Workplace Smells, ADA Disability, Telecommuting, and an EEOC Lawsuit

Seyfarth Synopsis: According to the EEOC in this just filed lawsuit, a home care services provider in North Carolina violated federal disability rights law when it rejected telecommuting requests from an employee whose asthma...more

EEOC Rule on Affirmative Action for Individuals With Disabilities in Federal Employment

Seyfarth Synopsis: These new regulations require federal agencies to be “model employers” of individuals with disabilities. As such, they now must take specific steps that are “reasonably designed” to gradually increase the...more

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