Job Description Mistakes You Don’t Want to Make
In a cautionary “tail” about the importance of engaging in the interactive process, when a Maryland automobile dealership allegedly denied an Iraq War veteran’s request for a service dog to manage panic attacks from...more
A Maryland car dealership has agreed to pay $30,000 to settle a federal disability discrimination lawsuit centered on an employee’s use of an emotional support animal. The U.S. Equal Employment Opportunity Commission (EEOC)...more
Real World Impact: The Connecticut Appellate Court has ruled that, as a matter of law, full-time remote work is not a reasonable accommodation if it eliminates an essential function of an employee’s job that must be performed...more
McGlinchey’s Employment Pulse showcases thought leadership from our team of experienced labor and employment attorneys, providing timely insights that help employers stay competitive, meet regulatory requirements, and tackle...more
Divine intervention? John Kluge, a high school orchestra teacher in the Indianapolis area, was let go in 2018 after he refused to address transgender students by their preferred names and pronouns. Mr. Kluge, a Christian...more
In a recent Second Circuit decision from March, Tudor v. Whitehall Central School District, the court clarified the broad scope of workplace accommodation protections under the Americans with Disabilities Act (ADA)....more
Six months into the new Trump administration, it is clear that the EEOC is concentrating its efforts on religious discrimination in the workplace. Since President Trump’s inauguration, 25% of the new lawsuits or enforcement...more
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
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
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
A Pennsylvania federal court recently ruled that a job applicant who had a job offer rescinded could not allege disability discrimination under the Pennsylvania Human Relations Act (PHRA) for medical marijuana use as a matter...more
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
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
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
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
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
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
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
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
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