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Americans with Disabilities Act (ADA) › Fitness for Duty Exams › Corporate Counsel

Vedder Price

Seventh Circuit Allows Recovery of Back Pay in ADA Case Absent Proof of Disability

Vedder Price on

In a case of first impression, on April 1, 2025, the U.S. Court of Appeals for the Seventh Circuit issued an important decision in Nawara v. Cook County Municipality (Case Nos. 22-1393, 22-1430, 22-2395 & 22-2451), holding...more

Poyner Spruill LLP

Tenth Circuit Decision Highlights Importance of Fitness For Duty Assessments Under ADA

Poyner Spruill LLP on

The Americans with Disabilities Act (ADA) places certain limitations on an employer’s ability to ask questions regarding an employee’s medical conditions. One important exception concerns “fitness for duty assessments.” Once...more

Hinshaw & Culbertson LLP

Eighth Circuit to Decide Viability of Bringing Class Action Claims Under the ADA

Hinshaw & Culbertson LLP on

The U.S. Court of Appeals for the Eighth Circuit will soon be deciding a case that may have important implications on the viability of class actions for employment discrimination under the Americans with Disabilities Act...more

McAfee & Taft

Firefighter loses lawsuit over confidentiality provisions of ADA

McAfee & Taft on

In an opinion handed down on February 7, 2018, the federal court of appeals that applies to Oklahoma ruled in favor of an employer in a lawsuit over the confidentiality provisions of the Americans with Disabilities Act (ADA)....more

Seyfarth Shaw LLP

Rock And A [Softer] Hard Place: Seventh Circuit Eases The Burden For Accommodating Employees With Mental Health Disabilities

Seyfarth Shaw LLP on

Seyfarth Synopsis: Complying with the ADA, particularly when an employee has a mental health-related disability, can be challenging. Fortunately, a recent decision out of the Seventh Circuit provides helpful guidance for...more

FordHarrison

Third Circuit Affirms Judgment in Favor of Employer in ADA Action, Finding that Compliance with NRC Regulations Justified...

FordHarrison on

Recently, the United States Court of Appeals for the Third Circuit in McNelis v. Pennsylvania Power & Light Company affirmed the district court’s grant of summary judgment to the employer in a lawsuit alleging disability...more

Littler

Washington Public Employer Hit with $1.8 Million Judgment for Failing to Accommodate Prescription Drug User

Littler on

Last month, a Washington federal district court judge ordered an employer to pay a terminated employee a little over $1.8 million in damages for failing to accommodate the employee’s use of opioids that had been prescribed to...more

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

New Jersey Court Finds Employer Improperly Required Employee to Submit to Fitness-for-Duty Exam

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

The Superior Court of New Jersey, Appellate Division recently held, in a case of first impression, that the Americans with Disabilities Act (ADA) permits a New Jersey employer to require an employee to undergo a...more

Franczek P.C.

Requiring an Employee to Return from FMLA Leave "Without Restrictions" or "Fully Healed" Is Playing with Fire

Franczek P.C. on

Do you know what happens when you maintain a policy or practice that requires an employee to return to work without restrictions or “100% healed”? You pay. A lot. Just ask Brookdale Senior Living Communities....more

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