News & Analysis as of

Interactive Process Employment Litigation Hiring & Firing

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

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

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

Fisher Phillips

Legally Blind Teaching Applicant Deemed not Qualified Under the ADA: 3 Lessons for Schools

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A school district in Texas recently prevailed in a failure-to-hire lawsuit when the court ruled that a legally blind applicant for a teaching position could not demonstrate that she’d have been able to manage student...more

Seyfarth Shaw LLP

Tenth Circuit Highlights Limits on Employers Defining Essential Functions of a Position

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Seyfarth Synopsis: The Tenth Circuit Court of Appeals reversed a summary judgment award on an employee’s failure-to-accommodate claim. The Court’s decision focused on the employer’s improperly narrow delineation of the...more

Fisher Phillips

The 9 Things Colorado Employers Should Do After Lawmakers Pass Batch of New Workplace Laws

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The Colorado legislature has been busy this season passing new employment laws, adding to your compliance obligations in a big way. We reviewed the key workplace laws that Colorado Governor Jared Polis signed into effect and...more

Partridge Snow & Hahn LLP

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

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

Butler Snow LLP

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

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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

Fisher Phillips

COVID-19 Employment Litigation Continues Based on Failure to Accommodate Virus-Related Illnesses

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The litigation fallout against employers over COVID-19-related issues is starting to take shape in California – and there has been a definitive uptick in cases alleging the employer is not accommodating physical and/or mental...more

Fisher Phillips

4-Point Plan To Avoid Costly Workplace Mistakes

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When a California Court of Appeal revived a workplace lawsuit alleging state law disability discrimination and retaliation claims that had originally been dismissed by a trial court, it did more than decide that the mistaken...more

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

ADA Litigation Lessons Surfaced From a Zamboni Machine

Employers, you see this movie all too often. You tolerate, and then ultimately discharge, a poor-performing employee who displays a bad attitude. Unfortunately, supervisors have not documented the employee’s prior instances...more

Fisher Phillips

Web Exclusive: Don’t Panic! 3 Things Dealerships Need To Know About Latest ADA Court Ruling

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For all employers, dealerships included, complying with the Americans with Disabilities Act (ADA) can seemingly be one of the most challenging tasks for management and human resources. Not only does it seem like there is a...more

K&L Gates LLP

Working Wise: Tips and Common Mistakes to Avoid for Employers in California

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In this episode of the Working Wise Podcast Series, K&L Gates Los Angeles Associate Saman Rejali provides an overview of tips and common mistakes to avoid for employers doing business in California....more

Fisher Phillips

Coming Clean About Religious Discrimination: How A Hotel’s “Sins” Resulted In The “Holy Grail” Of Verdicts For A Dishwasher

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A Florida federal jury recently handed down a shocking $21.5 million verdict in favor of a dishwasher alleging religious discrimination when she was fired after refusing to work Sundays. This case begs the question... how did...more

Fisher Phillips

Flurry Of Recent ADA Cases Can Be Instructive For Employers

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Interpreting and applying the Americans with Disabilities Act (ADA) is often among the most challenging aspects of managing the workplace law and human resources functions at your workplace. There are numerous issues to...more

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