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
10/31/2024
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Failure to Accommodate ,
Hiring & Firing ,
Labor Law Violations ,
Poor Job Performance ,
Reasonable Accommodation ,
Teachers ,
Tenure
Seyfarth Synopsis: Accommodation requests continue to vex employers as they attempt to balance an employee’s religious beliefs with the overall needs of the business operations. But try they must....more
Seyfarth Synopsis: On February 18, 2022, the U.S. Court of Appeals for the First Circuit affirmed a district court decision granting a municipal employer’s motion for summary judgment in a case brought by a former garbage man...more
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
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
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
Seyfarth Synopsis: New decision from the Supreme Court ruled that Title VII’s requirement that plaintiffs file with the EEOC or other state agencies is a non-jurisdictional claim-processing rule, which means it can be...more
6/13/2019
/ Affirmative Defenses ,
Amended Complaints ,
Appeals ,
Charge-Filing Preconditions ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Forfeiture ,
Fort Bend County Texas v Davis ,
Jurisdictional Requirements ,
Mandatory Claim-Processing Rules ,
Reaffirmation ,
Reasonable Accommodation ,
Religious Discrimination ,
Retaliation ,
Reversal ,
SCOTUS ,
Time-Barred Claims ,
Title VII ,
Waiver Rule ,
Wrongful Termination
Seyfarth Synopsis: The Department of Labor issues an opinion letter clarifying that employers must promptly designate FMLA leave, regardless of the availability of paid leave....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
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
Seyfarth Synopsis: Employers must evaluate their safety protections for pregnant women and engage in the interactive process with employees to find reasonable accommodations....more
9/17/2018
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Employee Reassignment ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
OSHA ,
Pregnancy ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Risk Mitigation ,
Workplace Hazards ,
Workplace Safety
Seyfarth Synopsis: The Washington State Office of the Attorney General has recently published a Guide outlining pregnant employees’ civil rights under the Washington “Healthy Starts Act,” a law which became effective July 23,...more
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