News & Analysis as of

Former Employee Americans with Disabilities Act (ADA)

Ballard Spahr LLP

No Job, No Application, No Lawsuit: Supreme Court Concludes Retiree Who Neither Held nor Sought Job Not “Qualified” to Bring ADA...

Ballard Spahr LLP on

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

Parker Poe Adams & Bernstein LLP

Supreme Court Says ADA Does Not Cover Retiree's Benefits

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

Bricker Graydon LLP

Where’s the Fire - Are Former Employees Covered Under the ADA?

Bricker Graydon LLP on

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

Fisher Phillips

SCOTUS Rules Against Retired Firefighter in Disability Discrimination Case – But Says Some Post-Employment ADA Claims Can Prevail

Fisher Phillips on

The US Supreme Court just significantly restricted who can succeed on post-employment disability discrimination claims under the Americans with Disabilities Act (ADA) and when they may do so – but made it clear that employers...more

Jackson Lewis P.C.

Timing Is Everything: SCOTUS Shuts Down Retiree’s ADA Post-Employment Benefits Claim

Jackson Lewis P.C. on

Do former employees have the right to sue their previous employer under Title I of the Americans with Disabilities Act (ADA) for discrimination in the administration of post-employment fringe benefits? Resolving a circuit...more

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

Supreme Court Hears Discrimination Case Involving Retiree Benefits

The Supreme Court of the United States recently heard oral arguments in a case that could broadly impact employers’ retiree benefits and liability under the Americans with Disabilities Act (ADA). The court will decide whether...more

Littler

Littler Lightbulb: July Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month....more

Dorsey & Whitney LLP

The Supreme Court Update - June 24, 2024

Dorsey & Whitney LLP on

Today, the Supreme Court of the United States granted certiorari in seven cases: United States v. Skrmetti, No. 23-477: This case concerns the constitutionality of state laws banning gender-affirming medical care for...more

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

Connecticut Appellate Court Finds No Associational Claims Under State’s Discrimination Law

A Connecticut appellate court recently held that the Connecticut Fair Employment Practices Act (CFEPA) does not recognize a cause of action for associational disability discrimination....more

McGlinchey Stafford

Is a Former Employee Protected by the ADA? - McGlinchey Commercial Law Bulletin - October 20, 2023

McGlinchey Stafford on

Hanneman Family Funeral Home & Crematorium v. Orians, Slip. Op. 2023-Ohio-3687. In this discretionary appeal, the Ohio Supreme Court clarified what constitutes a trade secret under Ohio’s Uniform Trade Secrets Act and...more

U.S. Equal Employment Opportunity Commission...

EEOC Updates Covid-19 Technical Assistance to Cover Retaliation

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) updated its COVID-19 technical assistance today to include more information about employer retaliation in pandemic-related employment situations. The...more

Seyfarth Shaw LLP

Firefighter’s Federal Disability Claims Based on Pot Use Snuffed Out by Connecticut District Court

Seyfarth Shaw LLP on

Big Takeaways - Recently, when dismissing a former employee’s claims brought under the Americans with Disabilities Act (ADA), the District of Connecticut issued two welcome reminders to employers. First, to set out an ADA...more

Mintz - Arbitration, Mediation, ADR...

Establishing Subject Matter Jurisdiction Over Post-Award Motions in Federal Court: Split Deepens as Fifth Circuit Joins Three...

As discussed in earlier posts, the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1, et seq., does not itself provide an independent basis for subject matter jurisdiction over federal court proceedings concerning domestic...more

Womble Bond Dickinson

N.C. Federal Court Allows Former Employee’s Disability Claims to Proceed to Trial

Womble Bond Dickinson on

A North Carolina federal trial court recently denied an employer’s request to dismiss a former employee’s disability discrimination and retaliation claims under the Americans with Disabilities Act (“ADA”). The case provides a...more

Proskauer - California Employment Law

California Employment Law Notes - May 2019

Strict Independent Contractor Test Applies Retroactively - Vazquez v. Jan-Pro Franchising Int'l, 2019 WL 1945001 (9th Cir. 2019) - Last year, the California Supreme Court in Dynamex Ops. W. Inc. v. Superior Court, 4...more

U.S. Equal Employment Opportunity Commission...

Absolut Care to Pay $465,000 To Settle EEOC Pregnancy and Disability Discrimination Suit

Health Care Company Failed to Accommodate and Instead Fired Pregnant Employees and Employees With Disabilities, Federal Agency Charged - BUFFALO, N.Y. - Absolut Facilities Management, LLC, doing business as Absolut Care...more

U.S. Equal Employment Opportunity Commission...

Otto Candies to Pay $165,000 to Resolve EEOC Disability Discrimination Suit

Marine Transportation Provider Fired Deckhand Because of His Recurrent Pancreatitis, Federal Agency Charged - NEW ORLEANS - Otto Candies, LLC has agreed to pay a former employee $165,000 and provide other relief to settle...more

Fisher Phillips

Federal Appeals Court Overturns Decades Of Precedent To Revive Workplace Claim

Fisher Phillips on

Overturning 40 years of precedent, the 10th Circuit Court of Appeals has just ruled that an employee’s failure to file an EEOC charge does not necessarily bar consideration of a private discrimination lawsuit. By concluding...more

McAfee & Taft

Court: Disabled or not, worker must be able to perform essential job functions

McAfee & Taft on

The federal appeals court that covers Oklahoma recently ruled in favor of Walmart in a lawsuit filed by a disabled former employee. Disabled maintenance employee terminated after refusing to clean restrooms - Simone...more

Fisher Phillips

Nevada Employer Pays $3.5 Million To Settle “100-Percent Healed” Claim

Fisher Phillips on

Nevada Employer Pays $3.5 Million To Settle “100-Percent Healed” Claim - Slots chain employer Dotty’s recently agreed to pay $3.5 million to settle litigation alleging its “100-percent-healed” policy discriminates against...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

Holland & Knight LLP on

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Proskauer - California Employment Law

California Employment Law Notes - March 2018

Former LA Times Columnist's Age/Disability Discrimination Judgment Upheld, New Trial On Damages Ordered - Simers v. Los Angeles Times Commc'ns, LLC, 18 Cal. App. 5th 1248 (2018) - T.J. Simers, a well-known sports...more

Bradley Arant Boult Cummings LLP

Another Severance Agreement Bites the Dust: EEOC Continues Its Campaign against Provisions that Preclude Talking to the Government

Ever wonder why the severance agreement that I (or your other favorite employment lawyer) send you says “nothing in this Agreement prevents Employee from filing a charge with the EEOC” (or words to that effect)? I mean, isn’t...more

U.S. Equal Employment Opportunity Commission...

Coleman Company and EEOC Reach Agreement To Resolve Discrimination Charge And Revise Settlement Agreements

DENVER - The U.S. Equal Employment Opportunity Commission (EEOC) and The Coleman Company, Inc. have reached a voluntary conciliation agreement to resolve allegations of disability discrimination raised by a former employee,...more

U.S. Equal Employment Opportunity Commission...

Pioneer Health Services to Pay $85,000 To Settle EEOC Disability Discrimination Suit

Mississippi Health Care Company Illegally Fired Employee After She Underwent Liver Transplant Surgery, Federal Agency Charged - JACKSON, Miss. -- Pioneer Health Services, Inc., a Mississippi corporation that provides...more

28 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide