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Americans with Disabilities Act (ADA) Employer Responsibilities Employment Discrimination

Venable LLP

SCOTUS Limits ADA Lawsuits by Retirees Over Post-Employment Benefits

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In a June decision, the Supreme Court limited retirees' ability to bring Americans with Disabilities Act (ADA) lawsuits, finding that the ADA generally does not allow claims by retirees or protect post-employment health...more

McAfee & Taft

Don’t drag your feet on accommodation requests

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Under the Americans with Disabilities Act (ADA), an employer should grant accommodations to an employee with a disability, so long as the accommodation is reasonable and does not impose an undue hardship upon the employer’s...more

Constangy, Brooks, Smith & Prophete, LLP

“If we do it for you, we’ll have to do it for everybody”: 4 worst practices for employers

Accommodate, accommodate, accommodate! I started practicing law two years before Congress enacted the Americans with Disabilities Act (1990), and four years before it took effect (1992 for larger employers, 1994 for smaller...more

Venable LLP

EEOC Sues Employer Over Denial of Service Animal Accommodation

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In May, the Equal Employment Opportunity Commission (EEOC) announced it was suing a Maryland-based employer for allegedly violating Title I of the Americans with Disabilities Act (ADA) by refusing to allow an employee to...more

Constangy, Brooks, Smith & Prophete, LLP

SCOTUS wraps it up: Four lessons for employers

"Reverse discrimination," ADA, religion, and nationwide injunctions. The 2024-25 term of the U.S. Supreme Court is over. Two decisions at the end of the term directly addressed employment law issues, and two others will have...more

Whiteford

Employment Law Update: Supreme Court Clarifies Scope of ADA Employment Protections

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The Americans with Disabilities Act (ADA) imposes a general requirement on employers with fifteen or more employees to refrain from discriminating against qualified individuals on the basis of a disability. For those covered...more

Holland & Hart - Employers' Lawyers

The Supreme Court “Clarifies” ADA Title I Protections for Retired Workers

On June 20, 2025, the U.S. Supreme Court issued its long-awaited opinion in Stanley v. City of Sanford, No. 23-997, addressing the scope of protections available to retired workers under Title I of the Americans with...more

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

Unreasonable Delays and IMEs: The Fifth Circuit Provides Guidance on Reasonable Accommodations Under the ADA

A recent case from the U.S. Court of Appeals for the Fifth Circuit offers insights on several interesting aspects of claims under the Americans with Disabilities Act (ADA), including the impact of an extended delay in the...more

Akerman LLP - HR Defense

Fitbits at Work: Navigating the Legal Risks of Wearables in Corporate Wellness Programs

At a time where personal fitness devices track everything from heart rate to sleep quality, employers are increasingly integrating wearable technology — like Fitbits, Apple Watches, and Oura Rings — into their corporate...more

Bradley Arant Boult Cummings LLP

Supreme Court Limits ADA Claims to Employees and Applicants, Not Retirees

In, Stanley v. City of Sanford, Florida, the U.S. Supreme Court clarified the scope of the Americans with Disabilities Act, holding that Title I’s employment discrimination provisions do not apply to individuals who are...more

Venable LLP

An Employer's Legal Compliance Guide to Handling Employee Medical Information

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Employers' access to, and retention of, employee medical information can be fraught with legal risk. Even the most seasoned HR professionals have trouble navigating the complex rules and regulations governing employee medical...more

Seyfarth Shaw LLP

Watch the Clock: Fifth Circuit Rules that a Six-Month Delay Can Support a Failure to Accommodate Claim

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In a recent decision, the U.S. Court of Appeals for the Fifth Circuit held that a factfinder could conclude that an employer’s six-month delay during the ADA interactive process could amount to a failure to...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

Foley & Lardner LLP

Circuit Split Deepens on “Harm” as a Failure to Accommodate Element

Foley & Lardner LLP on

The split among federal circuit courts of appeal as to whether a disabled worker must show harm in bringing a failure to accommodate claim continues. Recently, the Fifth Circuit joined the majority of circuits in finding that...more

Bradley Arant Boult Cummings LLP

Don’t Get Dog Tired: How to Respond to Employee Requests to Bring Service or Emotional Support Animals to Work as an Accommodation

A Maryland employer recently found itself in the Equal Employment Opportunity Commission’s (EEOC) doghouse when it allegedly summarily rejected an employee’s accommodation request to have his service animal come to work with...more

Parker Poe Adams & Bernstein LLP

ADA Does Not Excuse Disruptive Employee Behavior but May Require Accommodations to Help Avoid Outbursts

Recently, we have seen an unusual spike in client situations involving legal claims associated with discipline or discharge of employees who engage in threatening or disruptive behavior in the workplace....more

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

ADA’s Interactive Process May Require Employers to Follow Up With Third Parties

A recent press release from the U.S. Equal Employment Opportunity Commission (EEOC) announcing a $250,000 settlement and consent-decree resolution of a disability discrimination lawsuit may serve to remind employers of the...more

Bradley Arant Boult Cummings LLP

Ready for the Recent Arrival? Pregnant Workers Fairness Act is Here and Kicking

As everyone in Human Resources knows by now, the Pregnant Workers Fairness Act (PWFA) requires employers to reasonably accommodate employees because of pregnancy and conditions related to pregnancy. In case you missed it, we...more

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

When Emotional Support and Service Animals Fall Short: ADA Lessons From Fisher v. City of Lansing

On April 29, 2025, in Fisher v. City of Lansing, the U.S. District Court for the Western District of Michigan ruled that the City of Lansing did not fail to accommodate an employee’s request to bring an emotional support dog...more

Farella Braun + Martel LLP

Return to Office Mandates: Best Practices and Minimizing Litigation Risks

The transition to in-person work after years of permitting and promoting remote work presents unique challenges for nonprofit organizations. While returning to the office (RTO) can enhance collaboration and workplace culture,...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

Perkins Coie

April Tip of the Month: Second Circuit Opines on Reasonable Accommodation Issue

Perkins Coie on

On March 25, 2025, the U.S. Court of Appeals for the Second Circuit clarified and potentially broadened the scope of an employer’s responsibility to offer reasonable accommodations under the Americans with Disabilities Act...more

Bradley Arant Boult Cummings LLP

Just Don’t Ask: 7th Circuit Addresses Employment Medical Inquiries Under ADA

In early April 2025, the Seventh U.S. Circuit Court of Appeals recognized that employers could be held liable for monetary damages and other relief for violating the medical inquiry and examination limitations of the...more

Parker Poe Adams & Bernstein LLP

Shifting Eliminated Position's Duties to Nondisabled Workers Not Evidence of Discrimination

Employers sometimes believe that eliminating a job position instead of terminating an employee for poor performance gives them a "get out of jail free" card for purposes of avoiding legal claims associated with the decision....more

Offit Kurman

Under-Performing Pregnant or Disabled Employees: Balancing Performance Management with the ADA, FMLA, and Pregnant Workers...

Offit Kurman on

Performance conversations can quickly become legal minefields when an employee is pregnant, has a disability, or has requested protected leave. Too often, well-meaning employers delay intervention, mishandle documentation, or...more

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