Popular, Disability Discrimination, Employer Liability Issues

Workplace Law Update: 10 Essential Items on Your July To-Do List

Fisher Phillips on 6/30/2025

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. To ensure you stay on top of the latest changes and have an action plan for...more

Seventh Circuit Ruling Allows Non-Disabled Workers to Seek Backpay Under ADA

Amundsen Davis LLC on 5/9/2025

The Seventh Circuit (covering Illinois, Indiana and Wisconsin) recently ruled that a non-disabled employee can recover damages under the Americans with Disabilities Act (ADA) when his employer required a fitness-for-duty...more

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and...

Littler on 4/28/2025

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission...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

What Do Businesses Need to Know About the Uniformed Services Employment and Reemployment Rights Act (USERRA)?

Adams & Reese on 2/4/2025

In August 2024, pilots employed by Alaska Airlines and members of the Air Force Reserves scored a major victory in a federal appeals court. In Synoracki v. Alaska Airlines, Inc., the U.S. Court of Appeals for the Ninth...more

EEOC Sues Three Employers for Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 8/30/2024

Federal Agency Alleges Bakery, Hotel, and Manufacturer Failed to Accommodate Employee Disabilities - WASHINGTON –The U.S. Equal Employment Opportunity Commission (EEOC) filed a trio of lawsuits in three different industries...more

The ADA Turns 34: The Intersection of Technology, AI, and Individuals with Disabilities

Littler on 8/22/2024

On July 26, 1990, the Americans with Disabilities Act (ADA) was signed into law. On the recent 34th anniversary of the ADA, U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Karla Gilbride and U.S....more

Because I Got High: Settlement Reached in Terminated Hemp User’s Disability Bias Suit

Bradley Arant Boult Cummings LLP on 7/18/2024

When can you rely on a positive drug test to terminate an employee? If the employee suggests a reason for a false positive, like hemp use, can you still side with the drug test? The Sixth Circuit’s decision in Fisher v....more

New UK Regulations to Preserve EU-Derived Equality Principles

Littler on 12/4/2023

The UK Government has introduced draft regulations to preserve in domestic law certain discrimination rights and principles derived from EU law which might otherwise fall away or be departed from following the Retained EU Law...more

EEOC Issues Guidance Regarding How Employer Software and Artificial Intelligence May Discriminate Against Individuals With...

Sheppard Mullin Richter & Hampton LLP on 6/13/2022

On May 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) issued guidance addressing the application of the Americans with Disabilities Act (“ADA”) to employers utilizing software, algorithms, and artificial...more

Artificial Intelligence Tools in Employment: The EEOC is Watching Too

Moore & Van Allen PLLC on 5/25/2022

The U.S. Equal Employment Opportunity Commission (“EEOC”) is tasked with administrative enforcement of a variety of employment discrimination laws, including the Americans with Disabilities Act as amended (the “ADAAA”). The...more

Vaccine Mandate Requirement, First COVID-19 Remote Work Suit, Whistleblower Awards Top $1 Billion - Employment Law This Week®

Epstein Becker & Green on 9/22/2021

This week, we look at significant developments for employers from across the federal government, including at the Occupational Safety and Health Administration (OSHA), the Equal Employment Opportunity Commission (EEOC), and...more

Litigation Trend in the Healthcare Industry Reveals Claims of Failure-to-Accommodate Disabled Employees During Pandemic’s Height

Fisher Phillips on 5/11/2021

With the ongoing and largely successful national vaccine rollout, the path to some semblance of normalcy seems within Summer’s grasp. However, many employers across the country find themselves swimming in costly and prolonged...more

State & Local Employment Law Developments: Q1 2021

Faegre Drinker Biddle & Reath LLP on 4/2/2021

The year 2021 continues the trend of increasing regulation of the workplace by state and local governments. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and...more

Massachusetts Federal Court Preliminarily Requires Employer to Allow Employee’s Teleworking

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/28/2020

On September 16, 2020, in Peeples v. Clinical Support Options, Inc., No. 3:20-cv-30144, a federal district court in Massachusetts took the unusual step of precluding an employer from discharging an employee who claimed an...more

11th Circuit Clean Sweep for Pilgrim's Pride Corporation on FMLA and ADA Claims Due to Alleged Repetitive Injury

Burr & Forman on 6/2/2020

On June 1, 2020, the Eleventh Circuit Court of Appeals entered an unpublished, per curiam decision affirming the grant of summary judgment in the U.S. District Court for the Middle District of Florida, Jacksonville division...more

First Circuit Holds that Having an Employee Involuntarily Committed May Not Violate the ADA

Littler on 5/29/2020

All employers should care about their employees’ mental health – but when does this concern put an employer in territory that may violate the Americans with Disabilities Act (ADA)? In López-López v. The Robinson School, the...more

Employers Beware: Preparing for the Inevitable Flood of COVID-Related Lawsuits

Payne & Fears on 5/27/2020

As states lift their “stay-at-home” orders, employers who have struggled to survive the economic toll of the COVID-19 crisis now face a new threat: uncertain legal liability in a post-COVID market. As we transition away from...more

Rise in Employment Law Claims: Knowing the Risks and the Long-Term Legal Implications Anticipated from the COVID-19 Pandemic

Spilman Thomas & Battle, PLLC on 5/16/2020

The COVID-19 pandemic hit employers hard and fast, causing employers to deal with loss of revenue, tough decisions in regard to workforce and pay issues, and new laws and other guidelines that had to be analyzed and...more

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