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Disability Discrimination Hiring & Firing

DCI Consulting

[Webinar] Summer 2025 Update: Affirmative Action for Federal Contractors - July 23rd, 2:00 pm - 2:30 pm EDT

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The first half of 2025 brought unprecedented changes for federal contractors seeking to comply with federal affirmative action requirements. The rescission of Executive Order 11246 via Executive Order 14173 upended decades of...more

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

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

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

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your July To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. To ensure you stay on top of the latest changes and have an action plan for...more

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

Littler

Minneapolis, Minnesota Amends its Anti-discrimination Ordinance

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On May 12, 2025, the city of Minneapolis enacted extensive amendments to its existing anti-discrimination ordinance, including expanding definitions relating to protected characteristics and accommodations. The ordinance...more

Parker Poe Adams & Bernstein LLP

ADA Does Not Excuse Disruptive Employee Behavior but May Require Accommodations to Help Avoid Outbursts

Recently, we have seen an unusual spike in client situations involving legal claims associated with discipline or discharge of employees who engage in threatening or disruptive behavior in the workplace....more

Nilan Johnson Lewis PA

Minneapolis Expands Civil Rights Protections: Key Changes for Employers

The Minneapolis City Council unanimously passed sweeping amendments to the City’s civil rights ordinance last Thursday, May 1st. The amended ordinance is expected to go into effect on August 1, 2025. If you operate in...more

Bradley Arant Boult Cummings LLP

Just Don’t Ask: 7th Circuit Addresses Employment Medical Inquiries Under ADA

In early April 2025, the Seventh U.S. Circuit Court of Appeals recognized that employers could be held liable for monetary damages and other relief for violating the medical inquiry and examination limitations of the...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

Offit Kurman

Under-Performing Pregnant or Disabled Employees: Balancing Performance Management with the ADA, FMLA, and Pregnant Workers...

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Performance conversations can quickly become legal minefields when an employee is pregnant, has a disability, or has requested protected leave. Too often, well-meaning employers delay intervention, mishandle documentation, or...more

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

Federal Judge in Pennsylvania Reverses Dismissal of Medical Marijuana Cardholder’s Disability Discrimination Claim

On April 11, 2025, a federal judge for the U.S. Western District of Pennsylvania reversed his recent decision to dismiss a disability discrimination claim from a job applicant with a medical marijuana card who alleged he had...more

Ballard Spahr LLP

Eighth Circuit Court of Appeals Finds Remote Employee Who Did Not Reside or Work in Minnesota Is Not Protected by the Minnesota...

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A three-judge panel of the 8th Circuit Court of Appeals for the Eighth Circuit recently issued a decision in Kuklenski v. Medtronic USA, Inc., No. 24-1310 (8th Cir. Apr. 9, 2025), finding that the definition of “employee” in...more

Littler

Littler Lightbulb – March 2025 Employment Appellate Roundup

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Fourth Circuit Stays Injunction Barring Enforcement of DEI Executive Orders On March 14, 2025, the Fourth Circuit issued an order in National Association of Diversity Officers in Higher Education v. Donald Trump, No. 25-1189...more

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

Pennsylvania Federal Court Follows State Ruling That Medical Marijuana Use Is Not a Disability Under State Law

A Pennsylvania federal court recently ruled that a job applicant who had a job offer rescinded could not allege disability discrimination under the Pennsylvania Human Relations Act (PHRA) for medical marijuana use as a matter...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

Fisher Phillips

AI Screening Systems Face Fresh Scrutiny: 6 Key Takeaways From Claims Filed Against Hiring Technology Company

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A Deaf, Indigenous woman claims an employer’s use of a popular automated video interview platform unfairly blocked her promotion due to AI-driven biases related to her disability and race. The ACLU filed charges on March 19...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Dishonesty on Pre-Employment Medical Questionnaire Justified Termination

The Americans with Disabilities Act prohibits employers from asking most applicants questions about their medical history before a conditional offer of employment is made....more

Fisher Phillips

Job Applicant Seeks to Expand AI Workplace Screener Lawsuit into a National Class Action: Should Employers and AI Developers Be...

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A frustrated job applicant who won court approval to advance his employment discrimination lawsuit against an AI-based vendor is now looking to ratchet up the pressure and expand his claim into a national class action. His...more

Holland & Hart - Employers' Lawyers

Quick Q&A on Remote Work Policies

Can remote polices from the pandemic be used against a company trying to bring employees back into the office? In certain circumstances, yes. Recently, courts have allowed juries to decide if onsite work is essential when the...more

Troutman Pepper Locke

Major Change to Federal Contractors’ Affirmative Action Requirements

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On Tuesday, President Trump radically changed the legal landscape for federal contractors when he revoked an executive order that had been in effect for nearly 60 years. Executive Order 11246, issued by President Johnson in...more

Fisher Phillips

Trump Dismantles Key Affirmative Action and DEI Standards for Federal Contractors: Top 3 Takeaways

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Many federal contractors and subcontractors have long been required to create affirmative action plans and have also promoted diversity, equity, and inclusion – practices that some see as necessary to create equal employment...more

CDF Labor Law LLP

[Webinar] Golden Rules Gone Wrong: Top 10 Compliance Hazards for California Workplaces in 2025 - January 29th, 10:00 am - 11:00 am...

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With employment lawsuits and regulatory scrutiny on the rise, staying ahead of employment law compliance risks is critical. California employers face unique challenges as the Golden State continues to lead the nation in labor...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Sam’s Club for Disability Discrimination

Federal Agency Charges Retailer With Firing Employee After Refusing to Accommodate Her Disabilities - ATLANTA – Sam’s East, Inc. and Walmart Inc., which together operate a chain of warehouse club retail stores known as Sam’s...more

Frantz Ward LLP

A Year in Review of Ohio’s Adult Use Cannabis Program for Employers

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On November 7, 2023, Ohio became the twenty-fourth state to legalize adult-use cannabis with 57% of voters voting in favor of Issue 2, also known as the Act to Control and Regulate Adult Use Cannabis. Ohio cannabis...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Equinox Holdings, Inc. for Disability and Sex Discrimination

Federal Agency Charges Fitness Company Failed to Hire Woman with Endometriosis Due to Her “Monthly Cycle” - WASHINGTON – Equinox Holdings, Inc. (Equinox), which owns and operates fitness facilities and gyms nationwide,...more

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