News & Analysis as of

Leave of Absence Reasonable Accommodation Employment Litigation

Jackson Lewis P.C.

[Event] Workplace Horizons Extension: Bay Area - September 9th, Menlo Park, CA

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The leading educational and networking event — from the premier firm for employment + labor law — comes closer to you regionally and topically. The benefits of Jackson Lewis’ annual Workplace Horizons conference in New York...more

Seyfarth Shaw LLP

Recent Appellate Court Ruling Serves As a RoadMap For Summary Judgment On Fact-Specific Disability Discrimination Cases

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While motions for summary judgment are usually tricky to obtain in fact-laden employment cases alleging discrimination, failure to accommodate, and failure to engage in the interactive process, the Court of Appeal recently...more

Epstein Becker & Green

First Circuit Rules in Favor of Private School in Teacher’s ADA Suit

Epstein Becker & Green on

On November 7, 2023, the United States Court of Appeals for the First Circuit affirmed the United States District Court for the District of Massachusetts’ dismissal of a teacher’s suit against her former employer, Austin...more

Parker Poe Adams & Bernstein LLP

In-Person Teaching Is Essential Job Function Under Americans With Disabilities Act

In last week’s EmployNews, we discussed a growing trend of employees basing requests for remote work on mental or physical disabilities, and therefore requesting accommodations under the Americans with Disabilities Act. In...more

McDermott Will & Schulte

[Webinar] Managing Your Workforce During Market Volatility: Separations, Arbitration, Leaves and Accommodations - June 28th, 1:00...

Employers are facing new and evolving pressures as they navigate economic uncertainty. This leads to questions and concerns about managing their workforces with minimal disruption and in a way that mitigates risk from...more

Littler

The Littler Annual Employer Survey Report - May 2023

Littler on

Executive Summary - Widespread economic uncertainty. Evolving workforce expectations. Accelerating use of artificial intelligence (AI). A shifting patchwork of local, state and federal regulations. Numerous headwinds...more

Parker Poe Adams & Bernstein LLP

Employer's Alleged Refusal to Provide Schedule Changes Results in Jury Trial

Employee medical leave issues involving rights under the Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA) present some of the most complex and dangerous legal situations for employees. Employers...more

Bradley Arant Boult Cummings LLP

Avoid the Naughty List: Eighth Circuit Insight into Handling Requests for Reasonable Accommodations under the ADA

We can’t pass up the opportunity to encourage you to stay off the naughty list by telling you about this Eighth Circuit case offering guidance on working with your employees who request ADA accommodations. In Joseph Mobley v....more

Bodman

Sixth Circuit Reinstates Failure-to-Accommodate Claim Because Employer Prematurely Halted the Interactive Process

Bodman on

A recent opinion by the Sixth Circuit Court of Appeals (“Sixth Circuit” or “Court”), King v. Steward Trumbull Memorial Hospital (4/7/2022), addressed whether an employer failed to accommodate its employee’s potentially...more

Foley & Lardner LLP

Federal Court Says It Is OK to Consult With Counsel Before Taking Employment Action

Foley & Lardner LLP on

A recent decision from the U.S. Court of Appeals for the First Circuit (covering Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island) examining retaliatory employment conduct reinforces the advisory nature of...more

Laner Muchin, Ltd.

Seventh Circuit Affirms that Multi-Month Leave of Absence Is Not Reasonable Accommodation Under ADA

Laner Muchin, Ltd. on

In a recent opinion, the United States Court of Appeals for the Seventh Circuit affirmed that a multi-month leave of absence is not a reasonable accommodation under the Americans with Disabilities Act (ADA)....more

Jackson Lewis P.C.

[Event] 2020 Vision: Preparing for a Crystal Clear Year - March 25th, Jacksonville, FL

Jackson Lewis P.C. on

Join attorneys at Jackson Lewis P.C. for a complimentary breakfast seminar exploring the latest issues in workplace law. Topics: The Coronavirus: What Employers Should Be Doing to Prepare for Emergencies. Employers are...more

U.S. Equal Employment Opportunity Commission...

M&T Bank Will Pay $100,000 to Settle EEOC Disability Discrimination Lawsuit

Bank Failed to Accommodate Manager With Pregnancy-Related Disability, Federal Agency Charged - BALTIMORE - Manufacturers and Traders Trust Company, doing business as M&T Bank, will pay $100,000 and provide significant...more

Parker Poe Adams & Bernstein LLP

Employee's Request for Leave Triggered ADA Accommodation Obligations

The EEOC and federal courts have repeatedly said that employees seeking accommodations for disabilities under the ADA do not have to use any “magic words” to trigger the employer’s obligations. A recent decision from the...more

Weintraub Tobin

[Event] 2019 Employment Law Update - January 23rd, San Francisco, CA

Weintraub Tobin on

Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2018 and review a number of new laws facing employers in 2019. Program Highlights: • New Federal...more

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

Untangling Complex Leave Issues – Part I

In the first episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including the interplay between the...more

Seyfarth Shaw LLP

Supreme Court’s Inaction Establishes that Post-FMLA Medical Leave is Not Required Under ADA

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Seyfarth Synopsis: The U.S. Supreme Court’s decline of a Seventh Circuit appellate decision solidifies that where an employee is medically unable to return to work within a very short time period following a leave of absence,...more

FordHarrison

California Federal Court Says Employers Need Not Approve Multiple Leaves of Absence Where an Employee was Totally Disabled and...

FordHarrison on

The Southern District Court of California, in Ruiz v. ParadigmWorks Group, Inc., held that an employer was not at fault for failing to grant an employee’s request for multiple medical leaves of absence where the employee was...more

Jackson Lewis P.C.

Continued Focus On Disability, Leave Management Issues In 2018

Jackson Lewis P.C. on

With the New Year fading from view in the rearview mirror and spring on the horizon (at least for those of us in the Midwest), there are several signs that disability and leave management issues will continue to be hot topics...more

Seyfarth Shaw LLP

Long-Term Leave Under the ADA May Be Another Step Closer to Becoming a Thing of the Past

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Eleventh Circuit is the next to find a long-term leave of absence is not a reasonable accommodation under the ADA. Just a few months after a recent and definitive decision by the Seventh Circuit...more

Smith Debnam Narron Drake Saintsing & Myers,...

The Leaves Are Falling: Differing Interpretations Of Leave As ADA Accommodation

The United States Equal Employment Opportunity Commission (EEOC) has consistently maintained that leaves of absence should be considered as a form of reasonable accommodation under the Americans with Disabilities Act (ADA)....more

Franczek P.C.

At last! Not One, But TWO Court Decisions That Scale Back an Employee's Right to Take Additional Leave After FMLA is Exhausted

Franczek P.C. on

There may not be an issue more difficult in HR land than how to deal with an employee who cannot return to work after FMLA leave expires. Is additional leave beyond 12 weeks required? The answer is almost always ‘yes.’ ...more

Stinson LLP

Is an Extended Leave of Absence a Reasonable Accommodation?

Stinson LLP on

The U.S. Court of Appeals for the Seventh Circuit recently held in no uncertain terms that "a multi-month leave of absence is beyond the scope of a reasonable accommodation under the ADA." ...more

Troutman Pepper Locke

When Is Enough, Enough? Limiting Leave As A Reasonable Accommodation Under The ADA

Troutman Pepper Locke on

Q: How long does an employer have to accommodate an employee’s disability in the form of a leave of absence? A: The law in most jurisdictions is unclear. In fact, in most jurisdictions, including Pennsylvania, New Jersey,...more

Sheppard Mullin Richter & Hampton LLP

Seventh Circuit Holds Long-Term Leave is Not a Reasonable Accommodation Under the ADA

The Seventh Circuit recently held in Severson v. Heartland Woodcraft, Inc. that a long-term leave of absence, particularly one extending beyond the twelve weeks of leave guaranteed by the Family and Medical Leave Act...more

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