News & Analysis as of

Americans with Disabilities Act (ADA) › Adverse Action

Constangy, Brooks, Smith & Prophete, LLP

Mandatory referral to EAP may be "adverse action," court says

Constangy, Brooks, Smith & Prophete, LLP on

"Some harm" is all it takes. A federal appeals court found this week that requiring an employee to enter an Employee Assistance Program may be an “adverse employment action” under the federal anti-discrimination laws....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Preparing for Compliance With the PUMP Act and Pregnant Workers Fairness Act

Mitchell, Williams, Selig, Gates & Woodyard,... on

Pregnant workers are currently protected under various acts including Title VII, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act of 1993 (FMLA), and the Providing Urgent Maternal Protections for...more

Constangy, Brooks, Smith & Prophete, LLP

Employee fired for sleepwalking into co-worker’s room has no disability discrimination claim

Constangy, Brooks, Smith & Prophete, LLP on

Even if “somnambulism” is a disability, an employee who sleepwalks uninvited into the hotel room of her co-worker has no protection, according to a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit....more

Husch Blackwell LLP

Tennessee and Florida State Law Restrictions on Employer Vaccine Mandates

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Tennessee and Florida enacted state laws earlier this month that impose restrictions on an employer’s ability to impose vaccine mandates or to ensure employees are vaccinated. While Tennessee’s law provides employers who are...more

Rivkin Radler LLP

The Employment Law Reporter - October 2021

Rivkin Radler LLP on

Here is what we cover in this issue of The Employment Law Reporter: •A federal court in New York has dismissed a complaint filed by a former employee of the New York City Department of Education alleging employment...more

Husch Blackwell LLP

50 State Update On Pending Legislation Pertaining To Employer-Mandated Vaccinations

Husch Blackwell LLP on

Per recent federal employment law guidance, private employers can generally require employees to get vaccinated for COVID-19 as long as they comply with federal employment laws that prohibit discrimination on the basis of...more

Jackson Lewis P.C.

Tenth Circuit: No Adverse Action Necessary To Prove A Violation Of The ADA’s Accommodation Requirements

Jackson Lewis P.C. on

The Tenth Circuit recently held that a disabled employee was not required to show that she suffered a separate adverse employment action to establish a failure to accommodate claim under the American’s with Disabilities Act...more

Bricker Graydon LLP

Northern Michigan University settles with DOJ regarding treatment of students with mental health disabilities

Bricker Graydon LLP on

On October 18, 2018, the U.S. Department of Justice (DOJ) announced a settlement agreement with Northern Michigan University (NMU) resolving a complaint alleging discrimination on the basis of mental health disabilities. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

EEOC Continues to Focus on Disability Discrimination Affecting Individuals in Drug Rehab Programs

Ogletree, Deakins, Nash, Smoak & Stewart,... on

The Americans with Disabilities Act (ADA) recognizes that an employee or applicant who is currently engaging in the illegal use of drugs (prescription or otherwise) is not a “qualified individual” with a disability....more

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