News & Analysis as of August 3, 2025

Corporate Counsel

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Employment Law Update: Federal Judge Rules Attorney Was Fired for Legitimate Workplace Behavior Concerns, not Due to Alleged...

Whiteford on 7/25/2025

A recent decision from the U.S. District Court for the Western District of Washington highlights the importance of clear, documented reasons for employee terminations. In Kang v. The Boeing Company, a case involving a former...more

End of NY Legislative Session Leaves Employers Watching Key Workplace Bills

Fisher Phillips on 7/3/2025

New York’s two-year 2025-2026 legislative session hit its midpoint in June, with lawmakers wrapping up the first year by passing a slew of workplace-related bills that now await action from Governor Hochul. As federal labor...more

Yes, Menstrual Cramps May Qualify as a Disability Under ADA

Bradley Arant Boult Cummings LLP on 6/18/2025

If a qualified job candidate asks to reschedule a second-round interview due to severe menstrual cramps associated with endometriosis, is that a request for an accommodation under the Americans with Disabilities Act? If you...more

Complying With the ADA When Managing Employees With Alcoholism

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/10/2025

Employers sometimes encounter intoxicated employees at work, but there are some compliance challenges under the Americans with Disabilities Act (ADA) when managing employees with alcoholism....more

AI Screening Systems Face Fresh Scrutiny: 6 Key Takeaways From Claims Filed Against Hiring Technology Company

Fisher Phillips on 3/28/2025

A Deaf, Indigenous woman claims an employer’s use of a popular automated video interview platform unfairly blocked her promotion due to AI-driven biases related to her disability and race. The ACLU filed charges on March 19...more

Seventh Circuit: A “Do-Over” Is Not an Accommodation

Seyfarth Shaw LLP on 10/31/2024

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

EEOC's Recent Enforcement of the Pregnant Workers Fairness Act: What Employers Need to Know

FordHarrison on 10/30/2024

A recent Consent Decree between the Equal Employment Opportunity Commission (EEOC) and Lago Mar Properties stands as an important reminder that the Pregnant Workers Fairness Act (PWFA) is broad in scope and encompasses all...more

Fourth Circuit Upholds Employer's Denial of Remote Work During Pandemic

Parker Poe Adams & Bernstein LLP on 2/16/2024

During the COVID-19 pandemic and afterwards, employers have faced a growing number of requests for remote work arrangements based on a medical disability. The Americans with Disabilities Act requires employers to grant...more

4 Supreme Court Cases Employers Should Be Tracking as New Term Kicks Off

Fisher Phillips on 10/9/2023

The Supreme Court just began a new term, and we’re watching several cases that will likely have a big impact on the workplace. Specifically, the Court will weigh in on whether someone can “test” violations of federal...more

EEOC Brings Claim for Teacher Whose Daughter Has a Disability: 5 Answers for Employers About Association-Based Bias

Fisher Phillips on 10/3/2023

A recent lawsuit against a private school focuses on a lesser-known aspect of the Americans with Disabilities Act (ADA) and serves as a reminder that the law also protects employees and job applicants who have a relationship...more

Massachusetts Employer Forced to Pay $24 Million for Failing to Accommodate an Executive’s Anxiety

Partridge Snow & Hahn LLP on 6/2/2023

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

Interpretation of an Interpreter Request? 11th Circuit Weighs in on Accommodation of Deaf Employee

Bradley Arant Boult Cummings LLP on 5/31/2023

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

AI is Here and So Are the New AI Rules for Employers

Proskauer - California Employment Law on 4/25/2023

California is considering a new law (Assembly Bill 331), also known as the Automated Decision Systems Accountability Act. Modeled after the Biden Administration’s Blueprint for an AI Bill of Rights (whitehouse.gov), AB 331...more

New Laws for New York Employers in a New Year: What You Need to Know as 2023 Unfolds

Fisher Phillips on 1/5/2023

After a few years of rapid and expansive change to New York’s workplace laws, involving adjustments to workplace safety, employee pay, benefits, and privacy, there was a noticeable slowdown for the state legislature this past...more

Workplace Law Forecast 2023 - Legal predictions to help you prepare for the coming year in workplace law

Fisher Phillips on 11/1/2022

It’s never easy to make accurate predictions about what we might expect to see in the workplace in the coming year. After all: - At the start of 2020, no one could have predicted COVID-19. - None of us had heard the phrase...more

The Top 16 Workplace Law Stories from August 2022

Fisher Phillips on 9/7/2022

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

Employee fired for sleepwalking into co-worker’s room has no disability discrimination claim

Constangy, Brooks, Smith & Prophete, LLP on 8/4/2022

Even if “somnambulism” is a disability, an employee who sleepwalks uninvited into the hotel room of her co-worker has no protection, according to a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit....more

6th Circuit Reinstates Failure-to-Accommodate Claim Against Employer That Terminated Employee With Outstanding Leave Request

Butler Snow LLP on 7/6/2022

Once an employee requests an accommodation, the employer has a duty to engage in an “interactive process” to try to determine whether the employer can accommodate the employee’s disability...more

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Hiring & Firing › Reasonable Accommodation › Corporate Counsel

Employment Law Update: Federal Judge Rules Attorney Was Fired for Legitimate Workplace Behavior Concerns, not Due to Alleged...

End of NY Legislative Session Leaves Employers Watching Key Workplace Bills

Yes, Menstrual Cramps May Qualify as a Disability Under ADA

Complying With the ADA When Managing Employees With Alcoholism

AI Screening Systems Face Fresh Scrutiny: 6 Key Takeaways From Claims Filed Against Hiring Technology Company

Seventh Circuit: A “Do-Over” Is Not an Accommodation

EEOC's Recent Enforcement of the Pregnant Workers Fairness Act: What Employers Need to Know

Fourth Circuit Upholds Employer's Denial of Remote Work During Pandemic

4 Supreme Court Cases Employers Should Be Tracking as New Term Kicks Off

EEOC Brings Claim for Teacher Whose Daughter Has a Disability: 5 Answers for Employers About Association-Based Bias

Massachusetts Employer Forced to Pay $24 Million for Failing to Accommodate an Executive’s Anxiety

Interpretation of an Interpreter Request? 11th Circuit Weighs in on Accommodation of Deaf Employee

AI is Here and So Are the New AI Rules for Employers

New Laws for New York Employers in a New Year: What You Need to Know as 2023 Unfolds

Top Workplace Law Stories You May Have Missed Over the Holidays

Workplace Law Forecast 2023 - Legal predictions to help you prepare for the coming year in workplace law

The Top 16 Workplace Law Stories from August 2022

Employee fired for sleepwalking into co-worker’s room has no disability discrimination claim

6th Circuit Reinstates Failure-to-Accommodate Claim Against Employer That Terminated Employee With Outstanding Leave Request

Was There a Rainbow Connection? Arkansas Court Allows Religious Discrimination Case to Go Forward over Apron Symbol

Ninth Circuit Holds Temporary Conditions Can Trigger ADA Protections

Federal Agencies Say Employer Use of AI and Hiring Algorithms May Lead to Disability Bias: 5 Key Takeaways

Unclear, Inconsistently Enforced Policy Supports Employee Discrimination Claim

Ninth Circuit Rules That a Temporary Impairment Can Qualify as a “Disability” Under the ADA

Worker Fired During COVID-19 Isolation Can Proceed with Disability Lawsuit, Says Federal Court

Hiring & Firing › Reasonable Accommodation › Corporate Counsel

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