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In some situations, employees undergoing serious medical issues request accommodations that would require extensive time away from work or major modifications to their job duties. ...more
In a June decision, the Supreme Court limited retirees' ability to bring Americans with Disabilities Act (ADA) lawsuits, finding that the ADA generally does not allow claims by retirees or protect post-employment health...more
The New Jersey Appellate Division recently issued an important decision clarifying how claims brought under the Law Against Discrimination (LAD) interact with agency proceedings in employment matters. Specifically, it made...more
In a recent decision, the Fourth Circuit Court of Appeals highlighted the requirement that employees requesting an accommodation under the Americans with Disabilities Act (ADA) must engage in the interactive process with...more
A recent case from the U.S. Court of Appeals for the Fifth Circuit offers insights on several interesting aspects of claims under the Americans with Disabilities Act (ADA), including the impact of an extended delay in the...more
Retirees experiencing changes in post-employment benefits due to disability may not be able claim disability discrimination, following a recent fractured U.S. Supreme Court decision....more
Last week in a 7-2 decision, the U.S. Supreme Court held that Title I of the Americans with Disabilities Act does not apply to claims by a former employee that changes to her retiree medical benefits discriminated against her...more
In Stanley v. City of Sanford (June 20, 2025), the United States Supreme Court considered whether the Americans with Disabilities Act (ADA) protects former employees against disability discrimination with respect to...more
In a recent decision, the U.S. Court of Appeals for the Fifth Circuit held that a factfinder could conclude that an employer’s six-month delay during the ADA interactive process could amount to a failure to...more
Take note, employers: if your decision to accommodate a qualified employee with a disability is solely based on necessity, you may be inviting unnecessary legal exposure. ...more
On June 5, 2025, the U.S. Supreme Court changed course and dismissed the writ of certiorari that it previously had granted in Laboratory Corporation of America Holdings v. Davis, No. 24-304 (U.S. June 5, 2025). In doing so,...more
More than a year has passed since the U.S. Supreme Court unanimously held in its April 2024 decision in Muldrow v. City of St. Louis, Missouri, 601 U.S. 346, 144 S. Ct. 967, 218 L. Ed. 2d 322 (2024) that employees need only...more
Understanding the scope and requirements of the Americans with Disabilities Act (ADA) has been an ongoing challenge for employers. A recent court decision has added to this complexity by clarifying the interpretation of what...more
Fifth Circuit holds six-month delay in ADA accommodation request was unreasonable - The Fifth Circuit Court of Appeals in Strife v. Aldine Independent School District partially reversed the lower court’s dismissal of an...more
The split among federal circuit courts of appeal as to whether a disabled worker must show harm in bringing a failure to accommodate claim continues. Recently, the Fifth Circuit joined the majority of circuits in finding that...more
Earlier this month, in Strife v. Aldine Independent School District, the Fifth Circuit Court of Appeals held that an employer’s delayed accommodation of an employee’s disability could amount to a failure to accommodate under...more
When an employee requests an accommodation under the Americans with Disabilities Act, this sets into motion an interactive process intended to determine whether the requested accommodation is both reasonable and effective....more
This decision surrounds the case of Alisha Strife v. Aldine Independent School District, in which the plaintiff, a U.S. Army veteran employed in the school district’s Human Resources department, requested an accommodation for...more
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
In the brilliant 1993 movie The Fugitive, there is an iconic scene in which the wrongly accused Dr. Richard Kimble emphatically tells Deputy U.S. Marshal Samuel Gerard, “I didn’t kill my wife!” Gerard responds, “I don’t...more
In a case of first impression, on April 1, 2025, the U.S. Court of Appeals for the Seventh Circuit issued an important decision in Nawara v. Cook County Municipality (Case Nos. 22-1393, 22-1430, 22-2395 & 22-2451), holding...more
Second Circuit holds employees get disability accommodations even if not necessary to perform their job - In Tudor v. Whitehall Central School District, the Second Circuit Court of Appeals vacated a lower court’s grant of...more
On March 25, 2025, the U.S. Court of Appeals for the Second Circuit clarified and potentially broadened the scope of an employer’s responsibility to offer reasonable accommodations under the Americans with Disabilities Act...more
Following a recent decision by the Seventh Circuit, employers who violate the Americans with Disabilities Act (ADA) by requiring medical examinations of an employee without a business necessity may now be liable for back pay...more
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