SkyWest Airlines, Inc., was justified in discharging a deaf ramp agent because his inability to hear or effectively communicate posed a “direct threat” to the safety of himself and others, the U.S. District Court for the...more
2/14/2024
/ Airlines ,
Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Dismissals ,
Employment Litigation ,
Failure to Accommodate ,
Hiring & Firing ,
Human Rights Code ,
Retaliation ,
Termination ,
Workplace Hazards
In September 2023, federal trial courts in Wisconsin and Kentucky issued decisions dismissing plaintiffs’ claims related to employers’ COVID-19 vaccination and testing requirements....more
10/17/2023
/ Civil Rights Act ,
Coronavirus/COVID-19 ,
Dismissals ,
Employment Litigation ,
Employment Policies ,
Groff v DeJoy ,
Religious Accommodation ,
Title VII ,
Undue Hardship ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On August 26, 2022, Chief U.S. District Judge Matthew Brann for the United States District Court for the Middle District of Pennsylvania dismissed a putative class action representing approximately 100 healthcare...more
9/2/2022
/ Coronavirus/COVID-19 ,
Dismissal With Prejudice ,
Dismissals ,
Employment Litigation ,
Employment Policies ,
Healthcare Workers ,
Putative Class Actions ,
Religious Accommodation ,
Religious Discrimination ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On September 15, 2021, the Tenth Circuit Court of Appeals upheld a district court’s grant of summary judgment in favor of an employer. In Brown v. Austin, the Tenth Circuit found that an employee’s telework, weekend work, and...more
9/27/2021
/ Appeals ,
Constructive Discharge ,
Corporate Counsel ,
Employment Litigation ,
Essential Functions ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Paid Leave ,
Reasonable Accommodation ,
Rehabilitation Act ,
Summary Judgment ,
Telecommuting
The U.S. District Court for the Northern District of Alabama recently granted summary judgment to United States Steel Corporation, finding that the company did not deny Raymond Carr III, a former employee with chronic...more
On February 24, 2020, the U.S. District Court for the Middle District of North Carolina issued an opinion in Brown v. Martin Marietta Materials, Inc. regarding disability discrimination, reasonable accommodations, and...more
3/12/2020
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Essential Functions ,
Family and Medical Leave Act (FMLA) ,
Genuine Issue of Material Fact ,
Interactive Process ,
Reasonable Accommodation ,
Retaliation ,
Undue Hardship ,
Wrongful Termination
On April 1, 2019, the United States District Court for the Northern District of Illinois denied summary judgment in an Americans with Disabilities Act (ADA) case, determining that occasionally excusing employees from...more
In March 2010, as part of the passage of the Affordable Care Act, the Fair Labor Standards Act (FLSA) was amended to require most employers to provide nonexempt employees:
..“reasonable break time for an employee to...more
On January 8, 2019, the U.S. District Court for the Eastern District of Arkansas issued an opinion and order granting summary judgment to an employer, finding the employer did not violate the Family and Medical Leave Act...more