Job Description Mistakes You Don’t Want to Make
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
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
Interesting decision this week from a three-judge panel of the U.S. Court of Appeals for the Second Circuit. A high school math teacher (we’ll call her “Ms. Plantagenet”) had post-traumatic stress disorder. Years earlier, her...more
The Seventh Circuit’s recent decision – holding that an employee’s request for a second chance that allows them to change their behavior to meet employer expectations is not a “reasonable accommodation” under the ADA –...more
The federal agency that enforces workplace anti-discrimination laws is suing an employer for allegedly failing to accommodate an employee’s known pregnancy-related limitations, the first-ever lawsuit filed under the new...more
On August 9, 2024, the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s grant of summary judgment in favor of the U.S. Environmental Protection Agency (EPA) on an employee’s...more
It is well settled that when requesting reasonable accommodation under the Americans with Disabilities Act (ADA), employees are not required to use the words “ADA,” “reasonable accommodation,” “disability,” or any other...more
The U.S. Court of Appeals for the Eleventh Circuit, in Beasley v. O’Reilly Auto Parts, recently held that a claim for failure-to-accommodate under the Americans with Disability Act (ADA) must include an adverse employment...more
The Americans with Disabilities Act requires employers to provide reasonable accommodations that allow disabled employees to perform the essential functions of their jobs. Over the years, federal appellate courts have reached...more
Under the Americans with Disabilities Act (ADA), “[n]o covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge...more
Mental health issues in the workplace are at an all-time high. And with those issues come a slew of accommodation requests ranging from continued work from home to removal of stressful job duties to not appearing on camera...more
Your employee requests a reasonable accommodation under the Americans with Disabilities Act (ADA) but you refuse to grant it. If the employee continues to perform their job, can the employee still sue you for refusing the...more
Resolving prior uncertainty as to whether Nevada law provides workplace protections to employees who use medical cannabis away from work, the Nevada Supreme Court has decided that NRS 678C.850(3), a statute in the NRS Chapter...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
If disabled employees are no longer able to perform the essential functions of their job even with reasonable accommodation, under the Americans with Disabilities Act the employer must consider transferring the workers to an...more
In a decision that could have sweeping effects on New Jersey employers with drug-free workplace and drug-testing policies, the New Jersey Appellate Division in Wild v. Carriage Funeral Holdings ruled that the New Jersey Law...more
In Exby-Stolley v. Board of County Commissioners, No. 16-1412, 2018 WL 4926197 (10th Cir. Oct. 11, 2018), the Tenth Circuit Court of Appeals held that for an individual to succeed on a failure to accommodate claim under the...more
Seyfarth Synopsis: Employers face a tough challenge in trying to balance their obligations under the ADA with efforts to enforce workplace rules. A recent decision out of the United States Court of Appeals for the Sixth...more
Seyfarth Synopsis: The D.C. Circuit recently revived a single-leg amputee’s claim that his former employer failed to accommodate his disability by refusing his request for a classroom aide....more
A recent decision from the District Court for the District of Nebraska serves as a reminder that overtime can be an essential job function. See McNeil v. Union Pac. R.R._ 2018 U.S. Dist. LEXIS 85250. On May 21, 2018, Union...more
On February 21, 2018, the Sixth Circuit Court of Appeals held an attorney could perform the essential functions of her job while working remotely for a ten-week period. As a result, when the employer refused to permit the...more
The Tenth Circuit Court of Appeals recently reversed a decision by the U.S. District Court for the District of Utah granting summary judgment in favor of Kellogg USA in a case involving an alleged failure to accommodate...more
Seyfarth Synopsis: In a recent win for employers, the Fifth Circuit clarified that opened-ended or unlimited requests to work from home are unreasonable under the Americans with Disabilities Act (“ADA”) and may be rejected...more
The Ninth Circuit Court of Appeals recently ruled against a failure-to accommodate claim brought by a customer service employee who was fired for poor performance. According to the court, the former employee, who suffered...more
Employers frequently offer light duty work as a means for injured employees to return to their regular job duties. Light duty is typically associated with employees with Workers’ Compensation related injuries. ...more