Appeals, Failure to Accommodate, Hiring & Firing

Fourth Circuit Rules for Employer When Employee Failed to Participate in Interactive Process

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/7/2025

In a recent decision, the Fourth Circuit Court of Appeals highlighted the requirement that employees requesting an accommodation under the Americans with Disabilities Act (ADA) must engage in the interactive process with...more

California Court of Appeals Upholds Adverse Employment Action Where Employee Unable to Perform Essential Job Functions

CDF Labor Law LLP on 9/26/2024

This month, the California Court of Appeals affirmed the trial court’s grant of summary adjudication to the employer in a disability discrimination case alleging violations of the Fair Employment and Housing Act (FEHA). The...more

Interpretation of an Interpreter Request? 11th Circuit Weighs in on Accommodation of Deaf Employee

Bradley Arant Boult Cummings LLP on 5/31/2023

Your employee requests a reasonable accommodation under the Americans with Disabilities Act (ADA) but you refuse to grant it. If the employee continues to perform their job, can the employee still sue you for refusing the...more

Brain Tumor: A Little Too Little, Too Late — Sixth Circuit Addresses Late Disclosure of Disability

Bradley Arant Boult Cummings LLP on 2/21/2023

Employers sometimes face difficult decisions after learning of an employee’s disability. What if you learn of a disability after ongoing repeated employment deficiencies or even after a disciplinary or discharge decision...more

Reconsidering Religious Accommodations In Light Of The Pandemic

Fisher Phillips on 8/6/2020

With all of the uncertainty facing the healthcare community in light of the current pandemic, the ability of hospitals and other healthcare facilities to be flexible when managing employees is of the utmost importance. To...more

Unlawful, or Just Mean? California Appellate Court Decides Discrimination Case

Lewitt Hackman on 1/2/2020

People with disabilities have legal protections under both federal and state law. California’s Fair Employment and Housing Act (FEHA) prohibits an employer from taking adverse actions against a person because of a person’s...more

No Vaccine? No Job! Court Affirms Employer’s Ability to Condition Employment Upon Vaccinations

Polsinelli on 12/13/2018

On December 7, 2018, the U.S. Eighth Circuit Court of Appeals held that an employee who was terminated for refusing to take a rubella vaccine was not discriminated or retaliated against, under the Americans with Disabilities...more

Employer Refusals to Accommodate Long Term ADA Leave Requests Find Growing Support

Poyner Spruill LLP on 4/12/2018

The Supreme Court declined to hear an appeal of the Seventh Circuit Court of Appeals’ ruling in Severson v. Heartland Woodcraft, Inc., leaving in place dismissal of an employee’s Americans with Disabilities Act (“ADA”)...more

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