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Americans with Disabilities Act (ADA) › Employee Rights › Adverse Employment Action

Harris Beach Murtha PLLC

How Courts are Applying the “Some Harm” Standard Since Muldrow

Harris Beach Murtha PLLC on

More than a year has passed since the U.S. Supreme Court unanimously held in its April 2024 decision in Muldrow v. City of St. Louis, Missouri, 601 U.S. 346, 144 S. Ct. 967, 218 L. Ed. 2d 322 (2024) that employees need only...more

Seyfarth Shaw LLP

Pennsylvania Medical Marijuana Card-Holder Survives Employer’s Motion to Dismiss

Seyfarth Shaw LLP on

A recent opinion from the Eastern District of Pennsylvania serves a win to a medical marijuana card-holder who brought claims against an employer under the Americans with Disabilities Act (“ADA”), the Pennsylvania Medical...more

McAfee & Taft

Can a non-disabled employee recover backpay under the ADA? At least one appeals court thinks so.

McAfee & Taft on

In the brilliant 1993 movie The Fugitive, there is an iconic scene in which the wrongly accused Dr. Richard Kimble emphatically tells Deputy U.S. Marshal Samuel Gerard, “I didn’t kill my wife!” Gerard responds, “I don’t...more

Venable LLP

Seventh Circuit Ruling Permits Back Pay for ADA Discrimination for Non-Disabled Workers

Venable LLP on

Last month, in Nawara v. Cook County Municipality, the Seventh Circuit Court of Appeals said a violation of ADA protections from medical examinations or inquiries counts as discrimination on account of disability, regardless...more

Vorys, Sater, Seymour and Pease LLP

Seventh Circuit Holds That Unlawful Medical Inquiries Trigger Claims Under the ADA for Non-Disabled Employees

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On April 1, 2025, the U.S. Court of Appeals for the Seventh Circuit (which has jurisdiction over Illinois, Indiana and Wisconsin) issued a landmark ruling that could allow non-disabled workers to recover back pay under a...more

Lowndes

Growing Cannabis Laws: What’s an Employer to Do?

Lowndes on

As public support for the legalization of cannabis has steadily increased, the majority of states in the U.S. have responded by legalizing the use of cannabis, with 33 states and the District of Columbia permitting the use of...more

Spilman Thomas & Battle, PLLC

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

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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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