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Disability Discrimination Adverse Employment Action

Seyfarth Shaw LLP

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

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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.

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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

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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

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

CDF Labor Law LLP

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

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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

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Epstein Becker & Green

Court Clarifies Employers’ Rights Under Connecticut’s Palliative Use of Marijuana Act, Guidance on Drug Testing

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In a recent decision affirming summary judgment in favor of defendant Human Resources Agency of New Britain, Inc. (the “Agency”), the Connecticut Appellate Court (decision.pdf) provided employers with useful guidance about...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Atlantic Properties Management Corporation and Diversified Funding for Disability Discrimination and Retaliation

Federal Agency Charges Property Management Companies With Revoking Job Offer From Woman With Breast Cancer - BOSTON – Atlantic Properties Management Corporation and its affiliate, Diversified Funding, Inc., property...more

Goldberg Segalla

Employee Protection Limited for ADA and FMLA Discrimination and Retaliation Claims

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Key Takeaways - Resolved medical conditions and COVID-19 symptoms — aside from “Long COVID” — may not be considered “disabilities” under the ADA. A seven-week period between employee engagement in protected activity and an...more

Littler

Eleventh Circuit Holds Adverse Employment Action Is Required in ADA Failure-to-Accommodate Claims

Littler on

The U.S. Court of Appeals for the Eleventh Circuit, in Beasley v. O’Reilly Auto Parts, recently held that a claim for failure-to-accommodate under the Americans with Disability Act (ADA) must include an adverse employment...more

Seyfarth Shaw LLP

The Art of Defending (or Lodging) a Failure to Accommodate Claim: A Lesson on The Rehabilitation Act

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Seyfarth Synopsis: The Tenth Circuit further clarifies The Rehabilitation Act while making it even harder to get rid of failure to accommodate claims at the summary judgment stage; FEHA and ADA implications may follow....more

K&L Gates LLP

11th Circuit Creates Circuit Split Holding that an "Adverse Act" Is Needed to Bring an ADA Claim for Failure to Accommodate

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Overview - On 24 May 2023, in Beasley v. O’Reilly Auto Parts, the United States Court of Appeals for the Eleventh Circuit created a split in the circuit courts by holding that an employee must establish the occurrence of an...more

Venable LLP

Responding to Mental Health Accommodation Requests

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Many employers have experienced an increase in employee requests for accommodations in the past few years. A federal jury’s recent award in Lisa Menninger v. PPD Development L.P. reminds employers that accommodation requests,...more

FordHarrison

EEOC's Guidance on Artificial Intelligence: Hiring and Employment-related Actions Taken using Artificial Intelligence may be...

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Executive Summary: The Equal Employment Opportunity Commission (EEOC) recently published a technical assistance document providing guidance on when the use of artificial intelligence or algorithms in employee selection...more

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

Eleventh Circuit Holds Adverse Employment Action Is Required in ADA Failure-to-Accommodate Claim

Under the Americans with Disabilities Act (ADA), “[n]o covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge...more

Littler

UK tribunal rules long-COVID capable of being a disability under the Equality Act

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An employment tribunal in the UK has for the first time ruled that a person’s long-COVID is a disability protected by the Equality Act 2010. However, we must be cautious in assuming that from now on all instances of...more

Bodman

Sixth Circuit Reinstates Failure-to-Accommodate Claim Because Employer Prematurely Halted the Interactive Process

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A recent opinion by the Sixth Circuit Court of Appeals (“Sixth Circuit” or “Court”), King v. Steward Trumbull Memorial Hospital (4/7/2022), addressed whether an employer failed to accommodate its employee’s potentially...more

Proskauer - California Employment Law

Employee with Mild Symptoms of COVID-19 Was Not “Disabled” Under California Law

In Michelle Roman v. Hertz Local Edition Corp., a United States District Court Judge for the Southern District of California granted summary judgment in favor of Hertz, and against former employee Michelle Roman, whose...more

Proskauer Rose LLP

California Employment Law Notes - May 2022

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Former UCLA Physician Can Proceed With Whistleblower Claims - Scheer v. The Regents of the Univ. of Cal., 76 Cal. App. 5th 904 (2022) - Arnold Scheer, M.D., M.P.H., sued the Regents of the University of California and...more

Proskauer - Law and the Workplace

Jury Awards $450,000 For Employer’s Termination of Employee After Receiving Notice About Anxiety Disorder

On March 31, 2022, a Kentucky jury unanimously awarded $450,000 to an employee, who was terminated following two panic attacks the employee suffered at work. The jury concluded the employee’s anxiety disorder was a disability...more

Littler

Alberta, Canada Human Rights Tribunal Reminds Employees They Have Duties in the Workplace Accommodation Process

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In Zupcic v Saputo Foods Limited, 2022 AHRC 13 (Saputo), the Human Rights Tribunal of Alberta (Tribunal) dismissed an employee’s complaint that that she was discriminated against in employment on the ground of her physical...more

Littler

Supreme Court of Canada Finds Exclusive Arbitral Jurisdiction in Manitoba Human Rights Disputes

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In Northern Regional Health Authority v. Horrocks, 2021 SCC 42, (NHRA) a six-member majority of the Supreme Court of Canada (SCC) decided that in Manitoba, human rights disputes arising from the interpretation, application,...more

Fisher Phillips

Federal Court Allows COVID-Based Disability Discrimination Lawsuit to Proceed

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A federal court in Pennsylvania recently refused to dismiss a lawsuit alleging that an employer violated the Americans with Disabilities Act (ADA) by firing a worker because she tested positive for COVID-19. Notably, the...more

Fisher Phillips

The Top 18 Workplace Law Stories from September 2021

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Littler

Pennsylvania Appeals Court Determines State’s Medical Marijuana Act Includes a Private Right of Action for Employees

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In a case of first impression, the Superior Court of Pennsylvania has determined that employees can sue their employers for claims under the Pennsylvania Medical Marijuana Act (MMA).  Palmiter v. Commonwealth Health Sys.,...more

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