News & Analysis as of

Disability Discrimination Hostile Environment Employment Litigation

Fisher Phillips

Maine’s Highest Court Narrows Scope of Continuing Violation Doctrine in Discrimination Claims

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The Maine Supreme Judicial Court just handed employers a win by narrowing the application of the “continuing violation” doctrine in discrimination claims under the state’s primary anti-bias law. This doctrine permits...more

Bodman

Sixth Circuit Clarifies an Employee’s Duty to Disclose a Disability and Request an Accommodation

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A recent opinion by the Sixth Circuit Court of Appeals (“Sixth Circuit” or “Court”), Hrdlicka v. General Motors (March 23, 2023), confirmed that an employee must sufficiently alert their employer of the need for a reasonable...more

Genova Burns LLC

Is There a Problem Officer?: NJ Appellate Division Affirms Dismissal of Retired Police Officer’s Disability Lawsuit

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On May 23, 2022, the New Jersey Appellate Division upheld a trial court’s dismissal of failure to promote, hostile work environment, and retaliation claims brought by a retired New Jersey State Police Trooper. In Stonnell v....more

Fisher Phillips

Will Justice Ketanji Brown Jackson Treat Employers Well? The Magic 8-Ball Says: “Signs Point to Yes”

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When President Biden announced on Friday that Judge Ketanji Brown Jackson would be nominated to replace the retiring Justice Stephen Breyer on the Supreme Court, history was made. Not only could she be the first Black woman...more

Proskauer - California Employment Law

California Employment Law Notes - January 2022

Manicurist Can Proceed With Hostile Work Environment Claim - Fried v. Wynn Las Vegas, 18 F.4th 643 (9th Cir. 2021) - Vincent Fried, a manicurist at a salon in the Wynn Hotel in Las Vegas, was sexually propositioned by a...more

Genova Burns LLC

Cause & Effect: NJ Appellate Division Rules Correlation Does Not Imply Causation in Disability Discrimination Suit

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On March 4, 2021, the New Jersey Appellate Division in Kalim v. Urban Outfitters, Inc. affirmed the trial court’s dismissal of a former employee’s wrongful termination, hostile work environment, and retaliation claims under...more

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

Massachusetts Federal Court Preliminarily Requires Employer to Allow Employee’s Teleworking

On September 16, 2020, in Peeples v. Clinical Support Options, Inc., No. 3:20-cv-30144, a federal district court in Massachusetts took the unusual step of precluding an employer from discharging an employee who claimed an...more

Seyfarth Shaw LLP

Ask, Or You Shall Not Receive: 5th Circuit Nixes Accommodation Claim for Employee’s Failure to Ask for an Accommodation

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Seyfarth Synopsis: Recently, when affirming summary judgment to the employer in a disability discrimination case, the Fifth Circuit Court of Appeals issued two welcome reminders. First, to pursue a disability accommodation,...more

Lewitt Hackman

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

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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

Troutman Pepper Locke

Second Circuit Court of Appeals Recognizes Hostile Work Environment Claim Under the ADA

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Q.  An employee at one of my company’s facilities in New York recently complained to his supervisor that his coworkers made fun of his disability. Can an employee with a disability file a “hostile work environment” claim...more

Jackson Lewis P.C.

Second Circuit: ADA Allows Hostile Work Environment Claims

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The Second Circuit recently held that the Americans with Disabilities Act (“ADA”) encompasses claims for hostile work environment harassment (“HWE”). Fox v. Costco Wholesale Corporation. While this plaintiff-friendly ruling...more

Seyfarth Shaw LLP

Requiring Employees Seeking Reasonable Accommodations to “Feel the Burn” May Violate ADA

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Seyfarth Synopsis: The D.C. Circuit recently revived a single-leg amputee’s claim that his former employer failed to accommodate his disability by refusing his request for a classroom aide....more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Golden Corral for Disability, Sexual Harassment and Discharge

Restaurant Violated Federal Law by Permitting a Hostile Work Environment and Forcing an Autistic Employee to Quit to Escape Harassment, Federal Agency Charges - CHARLOTTE, N.C. - Jax, LLC, which operates a Golden Corral...more

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