News & Analysis as of

Employer Liability Issues Family and Medical Leave Act (FMLA) Failure to Accommodate

Seyfarth Shaw LLP

Mullin v. VA: Reiterating The Importance Of Employer Confidentiality Obligations Around Medical Information

Seyfarth Shaw LLP on

The Eleventh Circuit’s decision in Mullin v. U.S. Department of Veteran Affairs clarifies that confidentiality protections around medical certifications are robust and enforceable, even absent viable accommodation or...more

Parker Poe Adams & Bernstein LLP

Employer's Alleged Refusal to Provide Schedule Changes Results in Jury Trial

Employee medical leave issues involving rights under the Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA) present some of the most complex and dangerous legal situations for employees. Employers...more

Constangy, Brooks, Smith & Prophete, LLP

Fit for duty? Be careful what you ask for.

At one time or another, one of your employees may have had a serious health condition resulting in multiple absences, followed by a release to return to work with restrictions that you believed prevented the employee from...more

Proskauer - California Employment Law

California Employment Law Notes - January 2021

Bank Employee Who Was Harassed By A Customer Can Proceed With Sexual Harassment Claim - Christian v. Umpqua Bank, 2020 WL 7777882 (9th Cir. 2020) - Jennifer Christian, a former employee of Umpqua Bank, alleged she was...more

Payne & Fears

Employers Beware: Preparing for the Inevitable Flood of COVID-Related Lawsuits

Payne & Fears on

As states lift their “stay-at-home” orders, employers who have struggled to survive the economic toll of the COVID-19 crisis now face a new threat: uncertain legal liability in a post-COVID market. As we transition away from...more

Littler

Sixth Circuit Rejects Argument that Full-Time Job Requires Full-Time Hours in ADA Failure to Accommodate Case

Littler on

Holding that full-time presence at the workplace is not always an essential job function, on July 17, 2018, the U.S. Court of Appeals for the Sixth Circuit reversed summary judgment in favor of the employer in an Americans...more

Constangy, Brooks, Smith & Prophete, LLP

A Pregnancy-Disability-FMLA Triple Whammy

Pow! Pow! Pow! The College of Wooster, in Wooster, Ohio (student body approx. 2,000), is going to have to go to trial on a triple whammy of pregnancy discrimination, failure to accommodate a disability, and violations of the...more

Troutman Pepper Locke

Employees Should Not Be Working While On FMLA Leave

Troutman Pepper Locke on

Q: Can I require an employee to do work while the employee is on FMLA leave? What if the employee volunteers to work while on leave? A: Under most circumstances, employees should not be required or permitted to perform...more

Baker Donelson

EEOC Filed More than 80 Lawsuits this Summer – Why Employers Should Pay Attention

Baker Donelson on

Indeed, the EEOC filed far more than 80 lawsuits during July, August, and September 2017 – the last quarter of its fiscal year. Approximately 50 percent of those lawsuits targeted employers for alleged individual and, more...more

Mintz - Employment Viewpoints

Fifth Circuit Holds Reporting to Work Regularly is Essential Function of Attorney’s Job Under the ADA

In a decision that will provide some solace to employers asked to permit remote work as a reasonable accommodation under the Americans with Disabilities Act, the United States Court of Appeals for the Fifth Circuit recently...more

Seyfarth Shaw LLP

Fifth Circuit Says Regular Attendance at Work is an Essential Function of Most Jobs

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a recent win for employers, the Fifth Circuit clarified that opened-ended or unlimited requests to work from home are unreasonable under the Americans with Disabilities Act (“ADA”) and may be rejected...more

Mintz - Employment, Labor & Benefits...

Employer Win in California – Say What??? Stress From Working Under Particular Supervisor is Not a Disability

Over the course of a career many workers experience the displeasure of dealing with a difficult supervisor — the type of individual whose mere presence in the workplace is a source of dread and whose name inspires feelings of...more

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