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Employment Litigation Disability Discrimination Employment Policies

Amundsen Davis LLC

Extended, Indefinite Leave Request Is Usually NOT a Reasonable Accommodation

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A recent decision from the Fourth Circuit Court of Appeals tackled the question of when an employer is obligated to provide leave as a disability accommodation when the leave request is for an indefinite length of time. In...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

Keating Muething & Klekamp PLL

Revisiting ADA Compliance: Lessons from a Recent Court Decision

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

Parker Poe Adams & Bernstein LLP

ADA Does Not Excuse Disruptive Employee Behavior but May Require Accommodations to Help Avoid Outbursts

Recently, we have seen an unusual spike in client situations involving legal claims associated with discipline or discharge of employees who engage in threatening or disruptive behavior in the workplace....more

Saul Ewing LLP

Non-Disabled Employees Can Recover for Unlawful Medical Examinations Under ADA, According to Seventh Circuit

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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

Venable LLP

Do Employers Need to Provide Indefinite Remote Work as a Reasonable Accommodation?

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Employers are increasing the push for employees to return to physical workplaces. Whether through flexible hybrid models or return-to-office mandates, companies are reevaluating what work looks like in a post-pandemic world....more

Foley & Lardner LLP

Appeals Court Says Disability Not Required in Order to Recover Back Pay for Violation of ADA’s Medical Inquiry and Examination...

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Most employers are aware that, under the Americans with Disabilities Act (ADA), disability-related inquiries and medical examinations of employees may only be required when such inquiries and examinations are “job-related and...more

Farella Braun + Martel LLP

Navigating the Transition the Return to Office Trend

The complex shift from remote work to in-office work requires careful consideration to balance efficiency and employee well-being. This crucial balance directly impacts employee satisfaction, retention, and organizational...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Dishonesty on Pre-Employment Medical Questionnaire Justified Termination

The Americans with Disabilities Act prohibits employers from asking most applicants questions about their medical history before a conditional offer of employment is made....more

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

Florida Court Rules That the Florida Constitution Requires Employers to Accommodate Off-Duty Medical Marijuana Use

A Florida state court recently held that an employer violated the Florida Civil Rights Act by failing to accommodate an employee’s off-duty, off-site medical marijuana use to treat his disabilities....more

Whiteford

Employment Law Update: U.S. District Court Denies Right to Use Medically Prescribed Marijuana at Work

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In a case successfully defended on behalf of a Maryland employer by Whiteford attorneys before the U.S. District Court for Maryland, an employee challenged a Maryland employer’s right to terminate employment due to the use of...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

Holland & Hart - Employers' Lawyers

Quick Q&A on Remote Work Policies

Can remote polices from the pandemic be used against a company trying to bring employees back into the office? In certain circumstances, yes. Recently, courts have allowed juries to decide if onsite work is essential when the...more

U.S. Equal Employment Opportunity Commission...

Northern Virginia Surgery Center Pays $50,000 in EEOC Disability and Age Discrimination Lawsuit

Nonprofit Settles Federal Lawsuit Alleging It Fired an Older Worker While She Was on Medical Leave and Replaced Her With Younger, Less-Qualified Employees - WASHINGTON – Northern Virginia Surgery Center, LLC (NVSC), which...more

CDF Labor Law LLP

[Webinar] Golden Rules Gone Wrong: Top 10 Compliance Hazards for California Workplaces in 2025 - January 29th, 10:00 am - 11:00 am...

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With employment lawsuits and regulatory scrutiny on the rise, staying ahead of employment law compliance risks is critical. California employers face unique challenges as the Golden State continues to lead the nation in labor...more

Poyner Spruill LLP

Year End Review of the EEOC’s 2024 Litigation Docket

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Each year, the U.S. Equal Employment Opportunity Commission (EEOC) releases a report detailing the number and type of lawsuits the agency filed during the previous 12-month period. For fiscal year 2024 (October 1, 2023 to...more

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

Indefinite Remote Work Isn’t a Reasonable Accommodation When In-Office Presence Is Essential Job Function, Federal Court Rules

On October 17, 2024, the U.S. District Court for the District of Kansas entered summary judgment in favor of the Unified Government of Wyandotte County/Kansas City, Kansas, as representative of the Kansas City Board of Public...more

Poyner Spruill LLP

Third Circuit Holds Employee Not Protected by ADA Due to Incapacity to Work

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Is an employee on an extended leave of absence due to a long-term medical condition protected from employment termination by the Americans with Disabilities Act (ADA)? The answer depends on multiple factors, including whether...more

Fisher Phillips

5 SCOTUS Cases for Employers to Track as 2024/2025 Term Begins

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The Supreme Court will begin a new term on October 7, and we’re watching several cases that will likely have a big impact on the workplace. The Justices will grapple with wage and hour issues, coverage under the Americans...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,...

Connecticut Appellate Court Rules Employer Could Discharge Medical Marijuana User Impaired on the Job

On March 19, 2024, the Connecticut Appellate Court upheld an employer’s right to discharge an employee for being impaired on the job from medical marijuana under a state law that provides employment protections for qualified...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

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your November 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. In order to ensure you stay on top of the latest changes and have an action plan...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

Genova Burns LLC

After the Injury: NJ District Court Reiterates Indefinite Light Duty & Unpaid Leave is Not a Reasonable Accommodation

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On July 12, 2023, in Wraith v. Wayfair, Inc., the United States District Court for the District of New Jersey granted summary judgment in favor of an employer, dismissing a former employee’s claim of disability discrimination...more

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