News & Analysis as of

Disability Discrimination Retaliation Employment Litigation

Constangy, Brooks, Smith & Prophete, LLP

Mandatory referral to EAP may be "adverse action," court says

"Some harm" is all it takes. A federal appeals court found this week that requiring an employee to enter an Employee Assistance Program may be an “adverse employment action” under the federal anti-discrimination laws....more

Rumberger | Kirk

Florida Supreme Court Clarifies Requirements for Fulfilling Presuit Conditions for Civil Rights Claims

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On July 10, 2025, the Supreme Court of Florida held that a claimant need not specifically allege they are seeking relief under the Florida Civil Rights Act (FCRA) in a charge of discrimination dual filed with the Equal...more

Array

This Week in eDiscovery: Privilege Logs are Evidence Too

Array on

Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of June 22-28. Here’s what’s...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

Littler

Littler Lightbulb – March 2025 Employment Appellate Roundup

Littler on

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

Holland & Hart - Employers' Lawyers

Disability-Related Remote Work Accommodation Requests: First COVID, then the Deluge

Many employers instituted work from home policies during the pandemic that they are now fine-tuning or rethinking. While telework technology advances and return to onsite work initiatives unfold, employers must navigate...more

Seyfarth Shaw LLP

Recent Appellate Court Ruling Serves As a RoadMap For Summary Judgment On Fact-Specific Disability Discrimination Cases

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While motions for summary judgment are usually tricky to obtain in fact-laden employment cases alleging discrimination, failure to accommodate, and failure to engage in the interactive process, the Court of Appeal recently...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

Fisher Phillips on

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

Miller Canfield

U.S. Court of Appeals for the Sixth Circuit Rejects Congress’s Abrogation of Immunity for Lawsuits Against States for ADA...

Miller Canfield on

The U.S. Court of Appeals for the Sixth Circuit has ruled that the waiver of a State's immunity under Title V of the Americans with Disabilities Act (ADA) is unconstitutional. This ruling permits a State to defend a Title V...more

Parker Poe Adams & Bernstein LLP

Admission That Business Unit Was Closed Due to Employee's Disability Precludes Dismissal of ADA Claim

When advising employers about the legal risks associated with a business reorganization, we generally advise that discrimination claims are less likely when a company closes an entire facility or department as compared to...more

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

Deaf Ramp Agent’s Inability to Communicate With Others While Working Posed ‘Direct Threat’ to Employee Safety, Court Rules

SkyWest Airlines, Inc., was justified in discharging a deaf ramp agent because his inability to hear or effectively communicate posed a “direct threat” to the safety of himself and others, the U.S. District Court for the...more

Fisher Phillips

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

Fisher Phillips on

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. In order to ensure you stay on top of the latest changes and have an action plan...more

Fisher Phillips

4 Supreme Court Cases Employers Should Be Tracking as New Term Kicks Off

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The Supreme Court just began a new term, and we’re watching several cases that will likely have a big impact on the workplace. Specifically, the Court will weigh in on whether someone can “test” violations of federal...more

Fisher Phillips

Fired Worker Not Entitled to Jury Trial for Disability Retaliation Claim: Key Takeaways for Employers

Fisher Phillips on

A high-level IT worker who claimed he was discriminated against because of his medical condition was not entitled to a jury trial or monetary damages for his retaliation claim under the Americans with Disabilities Act (ADA)....more

Parker Poe Adams & Bernstein LLP

Employee's PTSD Diagnosis May Excuse Violation of Disciplinary Policies

The Americans with Disabilities Act does not require employers to ignore or excuse serious violations of their rules of conduct. For example, an employee who brings a weapon to work in violation of the employer’s policy...more

Parker Poe Adams & Bernstein LLP

Minor Medical Conditions Can Be Dismissed in Disability Lawsuits

In 2008, Congress amended the Americans with Disabilities Act (ADA) to expand the definition of protected medical conditions under the statute. The amendments were in part a response to a series of cases where federal courts...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Singley Construction for Disability Discrimination and Retaliation

Construction Company Failed to Provide Disability Accommodation and Discriminated and Retaliated Against Employee, Federal Agency Charges - JACKSON, Miss. – Singley Construction Company, Inc., a Columbia,...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Venable LLP

Responding to Mental Health Accommodation Requests

Venable LLP on

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

Genova Burns LLC

Patience is a Virtue: NJ Appellate Division Affirms Settlement of Discipline Bars Recovery Under the NJLAD

Genova Burns LLC on

On May 1, 2023, in Onukogu v. New Jersey State Judiciary, the Superior Court of New Jersey, Appellate Division affirmed the trial court’s grant of summary judgement in favor of the employer, affirming the dismissal of the...more

Carlton Fields

Seventh Circuit Affirms District Court’s Order Denying Application to Vacate Arbitration Award

Carlton Fields on

Donald Kinsella was an employee of defendant Baker Hughes Oilfield Operations LLC. In June 2013, he suffered a work-related injury resulting in his disability and receipt of disability benefits for three years. Baker Hughes’...more

Genova Burns LLC

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

Genova Burns LLC on

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

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

Federal Court: Employee’s Self-Serving Testimony and Discovery Responses Did Not Satisfy Burden of Proof on Summary Judgment

In Buckmaster v. The National Railroad Passenger Corp. d/b/a Amtrak, the U.S. District Court for the District of Maryland addressed whether an employee had offered any evidence of discrimination or retaliation beyond his own...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

Littler

Puerto Rico Supreme Court Rules on Damages Calculations Involving Double Penalties and Alternate Income Streams

Littler on

In Torres Rivera v. Econo, 2021 TSPR 150, 208 D.P.R. __ (Nov. 18, 2021), the Puerto Rico Supreme Court (“PRSC”) determined that when a plaintiff prevails in a discrimination lawsuit, any award of back pay (lost wages) to be...more

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