News & Analysis as of

Failure to Accommodate Employment Discrimination

Parker Poe Adams & Bernstein LLP

Fourth Circuit Clarifies Employee's Obligation to Participate in ADA Interactive Process

When a disabled employee requests an accommodation under the Americans with Disabilities Act, this triggers an interactive process whereby both parties share information and work to determine if a reasonable and effective...more

Seyfarth Shaw LLP

Watch the Clock: Fifth Circuit Rules that a Six-Month Delay Can Support a Failure to Accommodate Claim

Seyfarth Shaw LLP on

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

Foley & Lardner LLP

Circuit Split Deepens on “Harm” as a Failure to Accommodate Element

Foley & Lardner LLP on

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

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

Pennsylvania Federal Court Follows State Ruling That Medical Marijuana Use Is Not a Disability Under State Law

A Pennsylvania federal court recently ruled that a job applicant who had a job offer rescinded could not allege disability discrimination under the Pennsylvania Human Relations Act (PHRA) for medical marijuana use as a matter...more

Vedder Price

The Second Circuit Holds That Reasonable Accommodations Under the ADAMay Be Required Even When Not Necessary to the Performance of...

Vedder Price on

On March 25, 2025, in Tudor v. Whitehall Central School District, the United States Court of Appeals for the Second Circuit vacated the Northern District of New York’s grant of summary judgment in favor of the Whitehall...more

Shipman & Goodwin LLP

Second Circuit ADA Case a Game-Changer for Employee Accommodation Requests

Shipman & Goodwin LLP on

Last week, the Second Circuit Court of Appeals announced a significant change to the standard by which employers must address disability-related accommodation requests. In Tudor v. Whitehall Central School District, Case No....more

Proskauer - Law and the Workplace

Second Circuit Clarifies ADA Standard on Reasonable Accommodations

Employers in New York, Connecticut, and Vermont should take note of a recent Second Circuit decision holding that an employee may still be entitled to a reasonable accommodation under the Americans with Disabilities Act...more

Venable LLP

Roque v. Octapharma Plasma, Inc.: $11 Million Verdict in Employment Discrimination Case Despite the Absence of Economic Damages...

Venable LLP on

Employers beware. In Roque v. Octapharma Plasma Inc., a California jury delivered an award of over $11 million to an individual plaintiff in an employment discrimination case despite the absence of economic damages for wages...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

Jackson Lewis P.C.

Employment Law Developments To Monitor In 2021: COVID-19-Related Employment Litigation And Trends

Jackson Lewis P.C. on

As 2021 begins, Jackson Lewis continues to work with employers to help them understand, prepare for, and handle the impact of COVID-19 on the workplace. In addition to advising and counseling clients, Jackson Lewis attorneys...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

Proskauer - California Employment Law

California Jury Rejects Employee’s Discrimination Claims Against Chipotle

Proving it still is possible to obtain a favorable jury verdict in California, a federal jury sided with Chipotle Mexican Grill last Wednesday in a case involving disability discrimination claims by former assistant store...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

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