News & Analysis as of

Disability Discrimination Employer Liability Issues Employee Rights

McAfee & Taft

Don’t drag your feet on accommodation requests

McAfee & Taft on

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

Gould + Ratner LLP

SCOTUS: ADA Doesn’t Extend to Retired Employees

Gould + Ratner LLP on

The United States Supreme Court has determined that the Americans with Disabilities Act (“ADA”) does not extend to discrimination claims from retired employees. In an 8–1 decision issued on June 20, 2025, the Court held that...more

Jackson Lewis P.C.

Timing Is Everything: SCOTUS Shuts Down Retiree’s ADA Post-Employment Benefits Claim

Jackson Lewis P.C. on

Do former employees have the right to sue their previous employer under Title I of the Americans with Disabilities Act (ADA) for discrimination in the administration of post-employment fringe benefits? Resolving a circuit...more

Bradley Arant Boult Cummings LLP

Better Late Than Never? Not in the 5th Circuit: Delayed Action on Accommodation May Be ADA Violation

Earlier this month, in Strife v. Aldine Independent School District, the Fifth Circuit Court of Appeals held that an employer’s delayed accommodation of an employee’s disability could amount to a failure to accommodate under...more

Amundsen Davis LLC

Seventh Circuit Ruling Allows Non-Disabled Workers to Seek Backpay Under ADA

Amundsen Davis LLC on

The Seventh Circuit (covering Illinois, Indiana and Wisconsin) recently ruled that a non-disabled employee can recover damages under the Americans with Disabilities Act (ADA) when his employer required a fitness-for-duty...more

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

Saul Ewing LLP

Non-Disabled Employees Can Recover for Unlawful Medical Examinations Under ADA, According to Seventh Circuit

Saul Ewing LLP on

Following a recent decision by the Seventh Circuit, employers who violate the Americans with Disabilities Act (ADA) by requiring medical examinations of an employee without a business necessity may now be liable for back pay...more

Venable LLP

Seventh Circuit Ruling Permits Back Pay for ADA Discrimination for Non-Disabled Workers

Venable LLP on

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

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

Seyfarth Shaw LLP

The New Standard for Reasonable Accommodations in the Second Circuit

Seyfarth Shaw LLP on

The Second Circuit Court of Appeals (the “Second Circuit”) recently decided Tudor v. Whitehall Central School District, which changes the landscape of reasonable accommodations, within the Circuit, under the Americans with...more

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

Think ADA Recovery Is Limited to Employees With Disabilities? The Seventh Circuit Says Think Again

On April 1, 2025, the Seventh Circuit Court of Appeals clarified the remedies available to nondisabled employees subjected to improper medical examinations or inquiries under the Americans with Disabilities Act (ADA). ...more

Marshall Dennehey

Delaware Industrial Accident Board Rules Claimant is an Actually Displaced Worker Following Job Search Evaluation

Marshall Dennehey on

Frances Carr v. Amazon.com Services, IAB No. 1540462 (Feb. 25, 2025) - In Delaware workers’ compensation cases, claimants who are unable to return to their previous jobs due to injury may contend they are prima facie...more

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

Complying With the ADA When Managing Employees With Alcoholism

Employers sometimes encounter intoxicated employees at work, but there are some compliance challenges under the Americans with Disabilities Act (ADA) when managing employees with alcoholism....more

Foley & Lardner LLP

Appeals Court Says Disability Not Required in Order to Recover Back Pay for Violation of ADA’s Medical Inquiry and Examination...

Foley & Lardner LLP on

Most employers are aware that, under the Americans with Disabilities Act (ADA), disability-related inquiries and medical examinations of employees may only be required when such inquiries and examinations are “job-related and...more

Parker Poe Adams & Bernstein LLP

Disabled Employee Who Can Perform Job Still Entitled to Accommodations

The Americans with Disabilities Act defines a protected qualified individual as one who can perform the essential functions of the job, with or without reasonable accommodations. ...more

Parker Poe Adams & Bernstein LLP

Seventh Circuit Says Non-Disabled Employee Entitled to Back Pay for Unlawful Medical Exam

The Americans with Disabilities Act prohibits employers from requiring employee medical examinations absent business necessity. The ADA provides a back pay remedy for violations, but limits these damages to discrimination on...more

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

Disability Discrimination Charges Involving Neurodivergence Are Rising, According to EEOC Data

As diagnoses of neurodiversity become more common, employers are facing more disability discrimination complaints from neurodivergent workers, according to recent data from the U.S. Equal Employment Opportunity Commission...more

Verrill

The GLP-1 Coverage Conundrum: Managing Costs for Group Health Plans

Verrill on

Many employers are facing challenges in incorporating high-cost GLP-1 medications, such as Mounjaro, Ozempic, Rybelsus, Trulicity, and Wegovy, into their group health plans, as they must balance the cost to the group health...more

Hinshaw & Culbertson - Employment Law...

New York City Amends Lactation Room Accommodation Policy Requirements

New York City recently enacted a local law amending the New York City Human Rights Law relating to an employer's obligation to implement and distribute a written lactation room accommodation policy. ...more

Adams & Reese

What Do Businesses Need to Know About the Uniformed Services Employment and Reemployment Rights Act (USERRA)?

Adams & Reese on

In August 2024, pilots employed by Alaska Airlines and members of the Air Force Reserves scored a major victory in a federal appeals court. In Synoracki v. Alaska Airlines, Inc., the U.S. Court of Appeals for the Ninth...more

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

Supreme Court Hears Discrimination Case Involving Retiree Benefits

The Supreme Court of the United States recently heard oral arguments in a case that could broadly impact employers’ retiree benefits and liability under the Americans with Disabilities Act (ADA). The court will decide whether...more

Poyner Spruill LLP

Third Circuit Holds Employee Not Protected by ADA Due to Incapacity to Work

Poyner Spruill LLP on

Is an employee on an extended leave of absence due to a long-term medical condition protected from employment termination by the Americans with Disabilities Act (ADA)? The answer depends on multiple factors, including whether...more

Epstein Becker & Green

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

Epstein Becker & Green on

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

Mayer Brown

Guide to Discrimination Law in Hong Kong

Mayer Brown on

Introduction - GENERAL OVERVIEW - Hong Kong employers and employees have become increasingly aware of their rights and obligations under the anti-discrimination legislation since the passing of the Sex Discrimination...more

BCLP

UK HR Two Minute Monthly: September 2023

BCLP on

Our September update includes cases on whether a transgender employee was discriminated against for being subject to a “gender specific” insult, the extent to which employers should enquire about employees’ disabilities in...more

77 Results
 / 
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide