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Corporate Counsel › Hiring & Firing › Interactive Process

Kohrman Jackson & Krantz LLP

From Accommodation to Termination: What Employers Need to Know About Navigating Indefinite Leave

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When an employee requests extended medical leave, employers often wonder how long they must wait before it is no longer “reasonable.” The Fourth Circuit recently addressed this in Coffman v. Nexstar Media, offering clarity on...more

Seyfarth Shaw LLP

Tenth Circuit Highlights Limits on Employers Defining Essential Functions of a Position

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Seyfarth Synopsis: The Tenth Circuit Court of Appeals reversed a summary judgment award on an employee’s failure-to-accommodate claim. The Court’s decision focused on the employer’s improperly narrow delineation of the...more

Partridge Snow & Hahn LLP

Massachusetts Employer Forced to Pay $24 Million for Failing to Accommodate an Executive’s Anxiety

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Mental health issues in the workplace are at an all-time high. And with those issues come a slew of accommodation requests ranging from continued work from home to removal of stressful job duties to not appearing on camera...more

Butler Snow LLP

6th Circuit Reinstates Failure-to-Accommodate Claim Against Employer That Terminated Employee With Outstanding Leave Request

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Once an employee requests an accommodation, the employer has a duty to engage in an “interactive process” to try to determine whether the employer can accommodate the employee’s disability...more

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

ADA Litigation Lessons Surfaced From a Zamboni Machine

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Employers, you see this movie all too often. You tolerate, and then ultimately discharge, a poor-performing employee who displays a bad attitude. Unfortunately, supervisors have not documented the employee’s prior instances...more

Fisher Phillips

Coming Clean About Religious Discrimination: How A Hotel’s “Sins” Resulted In The “Holy Grail” Of Verdicts For A Dishwasher

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A Florida federal jury recently handed down a shocking $21.5 million verdict in favor of a dishwasher alleging religious discrimination when she was fired after refusing to work Sundays. This case begs the question... how did...more

Bradley Arant Boult Cummings LLP

Crosstown Traffic! Facts Surrounding Employee’s ADA/FMLA Request to Avoid Bad Traffic Not Enough

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Not all requests for accommodation or FMLA leave will fit into neat boxes like “pregnancy” or “knee surgery.” Because the ADA definition of a disability includes any impairment that affects a major life function, employers...more

Fisher Phillips

Nevada Employer Pays $3.5 Million To Settle “100-Percent Healed” Claim

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Nevada Employer Pays $3.5 Million To Settle “100-Percent Healed” Claim - Slots chain employer Dotty’s recently agreed to pay $3.5 million to settle litigation alleging its “100-percent-healed” policy discriminates against...more

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

Massachusetts Supreme Judicial Court Issues Groundbreaking Decision Allowing Medical Marijuana User to Assert State Law Handicap...

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On July 17, 2017, the Massachusetts Supreme Judicial Court issued a unanimous ruling in Barbuto v. Advantage Sales and Marketing, LLC, allowing medical marijuana users to assert claims for handicap discrimination under the...more

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

Hiring Best Practices: 5 DO's and DON’Ts When a Job Applicant Announces a Pregnancy

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Want a road map for how not to react to a successful job applicant who announces her pregnancy immediately after receiving an offer letter? Look at the reaction of one prospective employer in Florida who recently settled a...more

Ruder Ware

Employee Absenteeism Due to Disability: What are Reasonable Accommodations?

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One of the most troubling issues faced by human resource professionals is how to address an employee with a disability that impacts their ability to report for work. A good example is an employee who suffers from episodes of...more

Jackson Lewis P.C.

Third Circuit Says “Last Call” for Employee Terminated After Caught Drinking While on FMLA “Bed Rest”

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On January 31, 2017, the United States Court of Appeals for the Third Circuit joined the Seventh, Eighth and Tenth Circuits in holding that an employer’s honest belief that its employee was misusing FMLA leave is enough to...more

Mintz - Employment Viewpoints

California Federal Court Reminds Employers That They Must Carefully Navigate Disability Accommodation Process

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The obligation to accommodate a disabled employee is an ongoing one; a doctor’s note may not be a prerequisite to engage in the interactive process – those are two important lessons that employers should take away from a...more

Seyfarth Shaw LLP

Employer Policy Failure Precludes Summary Judgment on Discrimination Claim

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Seyfarth Synopsis: California Court of Appeal reverses a summary judgment for an employer that failed to follow its own policy regarding layoffs. Moore v. Regents of the University of California serves as a reminder to...more

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