Jody Kahn Mason on Americans with Disabilities Act (ADA)

You Have Heard Of The BIPA, But What About The GIPA?

Enacted in 2008, the Illinois Biometric Information Privacy Act, 740 ILCS 14 et seq. (the “BIPA”), went largely unnoticed until a few years ago when a handful of cases sparked a flood of class action litigation over the...more

2/9/2021 / Americans with Disabilities Act (ADA) , Biometric Information , Biometric Information Privacy Act , Civil Rights Act , Class Action , Data Collection , Data Privacy , Genetic Testing , GINA , Health Insurance Portability and Accountability Act (HIPAA)

Seventh Circuit Continues To Find That Lengthy Leaves Of Absence May Not Be Reasonable Accommodations Under The ADA

On December 30, 2020, the U.S. Court of Appeals for the Seventh Circuit issued its opinion in McAllister v. Innovation Ventures, LLC, No. 20-1779 (7th Cir., Dec. 30 2020), and held that an employer did not violate the ADA...more

1/22/2021 / Americans with Disabilities Act (ADA) , Corporate Counsel , Hiring & Firing , Leave of Absence , Reasonable Accommodation , Summary Judgment , Termination

Ninth Circuit Dodges The Question Of Whether Morbid Obesity Is An “Impairment” Under The ADA; EEOC Says Yes

On August 20, 2019, the Ninth Circuit dodged answering the question of whether morbid obesity is a disability under the Americans with Disabilities Act. In Valtierra v. Medtronic Inc., No. 17-15282, the Ninth Circuit affirmed...more

8/28/2019 / Americans with Disabilities Act (ADA) , Disability , Equal Employment Opportunity Commission (EEOC) , Hiring & Firing , Obesity , Termination

District Courts In The Seventh Circuit Begin To Clarify Landmark Severson Decision

As we have previously reported, on September 20, 2017, the U.S. Court of Appeals for the Seventh Circuit issued a significant ruling for employers in Severson v. Heartland Woodcraft, Inc., 872 F.3d 476 (7th Cir. 2017), when...more

6/8/2018 / Americans with Disabilities Act (ADA) , Employer Liability Issues , Hiring & Firing , Medical Leave , Reasonable Accommodation , Termination

Continued Focus On Disability, Leave Management Issues In 2018

With the New Year fading from view in the rearview mirror and spring on the horizon (at least for those of us in the Midwest), there are several signs that disability and leave management issues will continue to be hot topics...more

3/6/2018 / Americans with Disabilities Act (ADA) , Disability Discrimination , Employer Liability Issues , Employment Litigation , Equal Employment Opportunity Commission (EEOC) , Family and Medical Leave Act (FMLA) , Hiring & Firing , Leave of Absence , Reasonable Accommodation

Seventh Circuit Holds That The ADA Is Still Not A Leave Statute

On October 17, 2017, on the heels of its landmark decision in Severson v. Heartland Woodcraft, the Seventh Circuit affirmed summary judgment in favor of the employer in its unpublished opinion in Golden v. Indianapolis...more

11/10/2017 / Americans with Disabilities Act (ADA) , Employer Liability Issues , Family and Medical Leave Act (FMLA) , Hiring & Firing , Medical Leave , Reasonable Accommodation , Termination

Seventh Circuit Clarifies ADA Is Not A Leave Statute

On September 20, 2017, the U.S. Court of Appeals for the Seventh Circuit issued a significant opinion for employers in Severson v. Heartland Woodcraft, Inc., No. 15-3754 (7th Cir. Sept. 20, 2017), holding that “[t]he ADA is...more

9/27/2017 / Americans with Disabilities Act (ADA) , Disability Discrimination , Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , Leave of Absence , Reasonable Accommodation

ADA Does Not Provide Medical Leave Entitlement To Worker Seeking Post-FMLA Leave, Seventh Circuit Holds

In a significant ruling for employers, the U.S. Court of Appeals for the Seventh Circuit has held that a request for a two-to-three-month leave of absence is not a reasonable accommodation pursuant to the Americans with...more

9/26/2017 / Americans with Disabilities Act (ADA) , Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , Family and Medical Leave Act (FMLA) , Hiring & Firing , Medical Leave , Reasonable Accommodation , Termination

Third Circuit Says “Last Call” for Employee Terminated After Caught Drinking While on FMLA “Bed Rest”

On January 31, 2017, the United States Court of Appeals for the Third Circuit joined the Seventh, Eighth and Tenth Circuits in holding that an employer’s honest belief that its employee was misusing FMLA leave is enough to...more

2/6/2017 / Americans with Disabilities Act (ADA) , Corporate Counsel , Family and Medical Leave Act (FMLA) , FMLA Abuse , Hiring & Firing , Interactive Process , Reasonable Accommodation , Retaliation , Termination

Jody Kahn Mason

Jackson Lewis P.C.

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