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Americans with Disabilities Act (ADA) › Adverse Employment Action › Essential Functions

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Extended Absence for Post-Partum Depression Unreasonable Under ADA

Parker Poe Adams & Bernstein LLP on

In some situations, employees undergoing serious medical issues request accommodations that would require extensive time away from work or major modifications to their job duties. ...more

Venable LLP

Responding to Mental Health Accommodation Requests

Venable LLP on

Many employers have experienced an increase in employee requests for accommodations in the past few years. A federal jury’s recent award in Lisa Menninger v. PPD Development L.P. reminds employers that accommodation requests,...more

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

Eleventh Circuit Opinion Clarifies Definition of ‘Similarly Situated’ Comparators

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

On March 21, 2019, finding in favor of an employer seeking summary judgment, the U.S. Court of Appeals for the Eleventh Circuit, in Lewis v. City of Union City, clarified the definition of “similarly situated” comparators for...more

Parker Poe Adams & Bernstein LLP

Lack of Adverse Employment Action Dooms ADA Failure to Accomodate Claim

Parker Poe Adams & Bernstein LLP on

The Americans with Disabilities Act requires employers to provide reasonable accommodations that permit a disabled employee to perform the essential functions of his or her job. What happens, however, when an employer...more

Stoel Rives LLP

The Ninth Circuit Joins Its Sister Circuits in Ruling That an Employee Who Threatens Co-Workers with Violence Is Not “Qualified”...

Stoel Rives LLP on

The Ninth Circuit released a precedent-setting Americans with Disabilities Act (“ADA”) decision yesterday, and it’s a big win for employers.  The Court held that an employee who makes “serious and credible threats of violence...more

Spilman Thomas & Battle, PLLC

“Waive” Goodbye to Employer Liability Under the ADA for Voluntary Accommodations of Essential Job Functions

Spilman Thomas & Battle, PLLC on

An employer faces a difficult situation when a temporarily disabled employee who cannot perform his or her essential job functions requests an accommodation. This situation becomes significantly more complicated when the...more

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