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Disability Discrimination Today's Popular Updates Employment Litigation

Holland & Hart - Employers' Lawyers

The Supreme Court “Clarifies” ADA Title I Protections for Retired Workers

On June 20, 2025, the U.S. Supreme Court issued its long-awaited opinion in Stanley v. City of Sanford, No. 23-997, addressing the scope of protections available to retired workers under Title I of the Americans 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

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

Littler

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and...

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INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission...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

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

Bradley Arant Boult Cummings LLP

Because I Got High: Settlement Reached in Terminated Hemp User’s Disability Bias Suit

When can you rely on a positive drug test to terminate an employee? If the employee suggests a reason for a false positive, like hemp use, can you still side with the drug test? The Sixth Circuit’s decision in Fisher v....more

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

Medical Marijuana Usage Is Not Protected Under the ADA, Vermont Federal Court Rules

On February 14, 2024, a judge of the U.S. District Court for the District of Vermont dismissed a plaintiff’s Americans with Disabilities Act (ADA) discrimination and failure-to-accommodate case, holding that his medical...more

Epstein Becker & Green

Vaccine Mandate Requirement, First COVID-19 Remote Work Suit, Whistleblower Awards Top $1 Billion - Employment Law This Week®

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This week, we look at significant developments for employers from across the federal government, including at the Occupational Safety and Health Administration (OSHA), the Equal Employment Opportunity Commission (EEOC), and...more

Fisher Phillips

Litigation Trend in the Healthcare Industry Reveals Claims of Failure-to-Accommodate Disabled Employees During Pandemic’s Height

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With the ongoing and largely successful national vaccine rollout, the path to some semblance of normalcy seems within Summer’s grasp. However, many employers across the country find themselves swimming in costly and prolonged...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

Burr & Forman

11th Circuit Clean Sweep for Pilgrim's Pride Corporation on FMLA and ADA Claims Due to Alleged Repetitive Injury

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On June 1, 2020, the Eleventh Circuit Court of Appeals entered an unpublished, per curiam decision affirming the grant of summary judgment in the U.S. District Court for the Middle District of Florida, Jacksonville division...more

Littler

First Circuit Holds that Having an Employee Involuntarily Committed May Not Violate the ADA

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All employers should care about their employees’ mental health – but when does this concern put an employer in territory that may violate the Americans with Disabilities Act (ADA)?  In López-López v. The Robinson School, the...more

Spilman Thomas & Battle, PLLC

Rise in Employment Law Claims: Knowing the Risks and the Long-Term Legal Implications Anticipated from the COVID-19 Pandemic

The COVID-19 pandemic hit employers hard and fast, causing employers to deal with loss of revenue, tough decisions in regard to workforce and pay issues, and new laws and other guidelines that had to be analyzed and...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Reminds Employers to Consider Transfers as ADA Accommodations

In order to claim discrimination under the Americans with Disabilities Act, employees must demonstrate that they could perform the essential functions of the job but were denied a reasonable accommodation. Some employers...more

Cozen O'Connor

#No Filter: Terminating an Employee for Social Media Posts

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Prior to the advent of social media and especially the #MeToo movement, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. ...more

Clark Hill PLC

Even Without New Reform Legislation, New Jersey Employers May Have to Accommodate Medical Marijuana Use

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New Jersey employers may have to accommodate employees who are treating with medical marijuana. In Wild v. Carriage Funeral Home, a panel of New Jersey’s Appellate Judges held that simply because New Jersey’s Compassionate...more

Seyfarth Shaw LLP

Recent Decision Clarifies The Legal Framework For EEOC’s Pattern-Or-Practice Lawsuits Under Section 706

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In recent years, a body of law has developed surrounding pattern or practice lawsuits brought by the EEOC. This has helped to clarify, for example, when the 300-day filing cutoff applies, or whether the claimant is eligible...more

Best Best & Krieger LLP

[WEBINAR] Labor & Employment Law: What Changed in 2017

Best Best & Krieger Labor & Employment attorneys discussed new legislation and case law impacting California employers - private and public. What Was Discussed -Legislation passed in 2017 -Wage and hour update ...more

Clark Hill PLC

Seventh Circuit Rejects EEOC Position Holding That a "Long-Term Leave of Absence" is Not a Reasonable Accommodation

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On September 20, 2017, the Seventh Circuit held a "long-term leave of absence," in addition to 12 weeks of Family Medical Leave Act (FMLA) leave, is not a reasonable accommodation under the Americans with Disabilities Act...more

Seyfarth Shaw LLP

A Shocker from the Heartland: A Long Term Leave of Absence is NOT A Reasonable Accommodation Under the ADA

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Seyfarth Synopsis: The Seventh Circuit sent shockwaves through the EEOC and through the employer community by concluding that multi-month leaves of absence, even those that are definite in term and sought in advance, are not...more

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