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Employer Liability Issues › Mental Health › Appeals

Venable LLP

Seventh Circuit Ruling Permits Back Pay for ADA Discrimination for Non-Disabled Workers

Venable LLP on

Last month, in Nawara v. Cook County Municipality, the Seventh Circuit Court of Appeals said a violation of ADA protections from medical examinations or inquiries counts as discrimination on account of disability, regardless...more

McDermott Will & Schulte

Lessons from Ryan S. v. UnitedHealth Group for the 2023 MHPAEA Proposed Rule

McDermott Will & Schulte on

A recently decided US Court of Appeals for the Ninth Circuit case, Ryan S. v. UnitedHealth Group, Inc., offers some useful insights on the enforcement by private litigants of the Mental Health Parity and Addiction Equity Act...more

Parker Poe Adams & Bernstein LLP

Employee Has Right to FMLA Leave Even if Medical Condition is Undiagnosed as of Date of Request

Parker Poe Adams & Bernstein LLP on

Qualified employees may take job-protected leave under the Family and Medical Leave Act based on their Serious Health Condition (SHC). A new decision from the Seventh Circuit Court of Appeals makes clear that the employee...more

McAfee & Taft

Court rules employee’s behavior justified mental health exam

McAfee & Taft on

There is a needed focus on mental health issues these days. We see it on social media as well as in the news. And, as a nation, we are hopefully moving to a place were individuals can get the help they need without any...more

Sheppard Mullin Richter & Hampton LLP

Obese Employees May Be Protected Under FEHA

Sheppard Mullin Richter & Hampton LLP on

In December 2017, the California Court of Appeal published a decision confirming obesity is a protected disability in California if it has a physiological cause. In Cornell v. Berkeley Tennis Club, 18 Cal. App. 5th 908...more

FordHarrison

Seventh Circuit Affirms Summary Judgment in Favor of Employer Finding That Required Mental-Health Examinations Did Not Violate the...

FordHarrison on

Recently, the United States Court of Appeals for the Seventh Circuit in Painter v. Illinois Department of Transportation affirmed the district court’s grant of summary judgment to the employer in a lawsuit alleging a...more

Hogan Lovells

Employment News - November 2017

Hogan Lovells on

Weekly newsletter on employment matters. In this weeks issue: - Open to non-members – rejection of job application because of previous union activities was unlawful. - Stevenson/Farmer review into mental health in...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says University President has Broad Authority to Require Medical Examinations Under ADA

Parker Poe Adams & Bernstein LLP on

The Americans with Disabilities Act prohibits employers from requiring employees to submit to medical examinations in the absence of business necessity. In an unpublished decision released last month, the Fourth Circuit Court...more

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