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Hiring & Firing › Reasonable Accommodation › Employer Responsibilities

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... more +
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 -
Whiteford

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

Whiteford on

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

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

Fourth Circuit Rules for Employer When Employee Failed to Participate in Interactive Process

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In a recent decision, the Fourth Circuit Court of Appeals highlighted the requirement that employees requesting an accommodation under the Americans with Disabilities Act (ADA) must engage in the interactive process with...more

Schwabe, Williamson & Wyatt PC

Washington Employment Law Updates

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A series of employment-related bills have become law and will go into effect in the coming months and years. These new bills contain some significant changes that will likely affect most Washington employers. Understanding...more

DLA Piper

New Requirements for Washington State Employers

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In recent weeks, Washington State Governor Bob Ferguson signed numerous employment-related bills, amending employer obligations and employee rights related to pay transparency, paid leave, use of criminal records, personnel...more

Seyfarth Shaw LLP

Pennsylvania Medical Marijuana Card-Holder Survives Employer’s Motion to Dismiss

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A recent opinion from the Eastern District of Pennsylvania serves a win to a medical marijuana card-holder who brought claims against an employer under the Americans with Disabilities Act (“ADA”), the Pennsylvania Medical...more

Parker Poe Adams & Bernstein LLP

ADA Does Not Excuse Disruptive Employee Behavior but May Require Accommodations to Help Avoid Outbursts

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Recently, we have seen an unusual spike in client situations involving legal claims associated with discipline or discharge of employees who engage in threatening or disruptive behavior in the workplace....more

Nilan Johnson Lewis PA

Minneapolis Expands Civil Rights Protections: Key Changes for Employers

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The Minneapolis City Council unanimously passed sweeping amendments to the City’s civil rights ordinance last Thursday, May 1st. The amended ordinance is expected to go into effect on August 1, 2025. If you operate in...more

Tonkon Torp LLP

Employers: How to Navigate Four Common Conflicts to Minimize Litigation Risks

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After more than three decades providing employers legal counsel and litigation representation, I’ve seen (and helped prevent) a great deal of conflict at the workplace. What’s important for every employer to keep in mind is...more

Bradley Arant Boult Cummings LLP

Just Don’t Ask: 7th Circuit Addresses Employment Medical Inquiries Under ADA

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In early April 2025, the Seventh U.S. Circuit Court of Appeals recognized that employers could be held liable for monetary damages and other relief for violating the medical inquiry and examination limitations of the...more

Parker Poe Adams & Bernstein LLP

Shifting Eliminated Position's Duties to Nondisabled Workers Not Evidence of Discrimination

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Employers sometimes believe that eliminating a job position instead of terminating an employee for poor performance gives them a "get out of jail free" card for purposes of avoiding legal claims associated with the decision....more

Offit Kurman

Under-Performing Pregnant or Disabled Employees: Balancing Performance Management with the ADA, FMLA, and Pregnant Workers...

Offit Kurman on

Performance conversations can quickly become legal minefields when an employee is pregnant, has a disability, or has requested protected leave. Too often, well-meaning employers delay intervention, mishandle documentation, or...more

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

Complying With the ADA When Managing Employees With Alcoholism

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

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

Akerman LLP - HR Defense

Back to Basics: The 2025 Employment Law Playbook

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The employment law landscape has seen widespread changes on the federal and state levels in recent years. In light of what is poised to be years of even more changes, now is an opportune time to re-examine the basics of a...more

Akerman LLP - HR Defense

Objections to COVID-Testing and Asking Vax Status Up Front: Best Practices

Akerman LLP - HR Defense on

Employers are being inundated with employee requests for exemptions, not just from mandatory vaccination policies, but also from policies requiring regular COVID-19 testing. How do employers square their duty to provide a...more

K&L Gates LLP

COVID-19: U.S. Employer Checklist

K&L Gates LLP on

The following is a list of suggested practices for businesses to consider during the reopening process as they return employees to in-person work after an extended period of working remotely. The following are suggested...more

Benesch

Seventh Circuit, Illinois, and Chicago Updates: Employers Should Take Note of Recent Cases and Newly Enacted Laws in 2021

Benesch on

With the new year, it is important for employers to keep in mind several laws that are newly applicable and a recent court opinion. Also, currently pending legislation, likely to be enacted soon, will create additional...more

Nelson Mullins Riley & Scarborough LLP

EEOC Issues Guidance on Workplace Accommodations and Avoiding Discrimination

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In addressing the protections for “workers at higher risk,” the U.S. Equal Employment Opportunity Commission (“EEOC”) recently issued guidance called “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act,...more

McGlinchey Stafford

Considerations for Workplace Safety in Light of Updated EEOC Guidance

McGlinchey Stafford on

COVID-19 has created new, unexplored territory for employers. Even in a pandemic, it’s imperative that employers follow all EEO laws. Since COVID-19 is consistently evolving, it is important that employers continue to follow...more

Cozen O'Connor

Employment Law Now IV-70 - Understanding the Latest EEOC Covid-19 Guidance

Cozen O'Connor on

The EEOC recently updated its Covid-19 guidance (on May 7, 2020) to address such issues as medical screening and testing, required reasonable accommodations, and discrimination/harassment issues. Today's new episode provides...more

Fisher Phillips

COVID-19 Discrimination – Should Employers Test Their Global Workforce?

Fisher Phillips on

As an increasing number of countries are moving toward reopening their economies, many global employers must decide whether to require their employees to undergo COVID-19 tests before they can return to work. Before...more

Fisher Phillips

EEOC Offers Guidance To Employers Preparing To Reopen Their Workplaces

Fisher Phillips on

The Equal Employment Opportunity Commission (EEOC) has provided additional guidance for employers restarting and ramping up their businesses. The EEOC first published guidance for employers in March clarifying employer rights...more

Farella Braun + Martel LLP

Coronavirus and the Workplace: Guidance for Employers Resuming Operations

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As states and localities begin to relax shelter-in-place requirements and allow businesses to reopen, the coronavirus pandemic presents new challenges for employers. In addition to operational and logistical questions...more

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