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Reasonable Accommodation Burden of Proof Appeals

Franczek P.C.

Supreme Court Clarifies Lower Standard Applies When Suing Schools Under Disability Laws

Franczek P.C. on

As we previously reported in our Supreme Court preview alert, this term the Supreme Court heard a lawsuit regarding what standard of liability applies when a student with a disability sues a school under the Americans with...more

Payne & Fears

Key California Employment Law Cases: December 2019

Payne & Fears on

This month's key California employment law cases involve disability discrimination, wage and hour, and arbitration agreements enforcement. Doe v. Dept. of Corrections & Rehabilitation, No. E071224, 2019 WL 6907515 (Cal....more

Fisher Phillips

Federal Appeals Court Says Extreme Obesity Alone Is Not Enough For ADA Coverage

Fisher Phillips on

A federal Court of Appeals just ruled that extreme obesity not caused by an underlying physiological disorder or condition does not qualify as an impairment under the ADA. Under the 7th Circuit’s June 12 ruling, proof that...more

Parker Poe Adams & Bernstein LLP

Failure to Explain Inconsistency Between SSDI Application and ADA Claims Results in Dismissal

In its Cleveland v. Policy Mgmt. Syst. decision, the U.S. Supreme Court said that an application for Social Security Disability Insurance (SSDI) benefits does not automatically kill a plaintiff’s contemporaneous assertion...more

Parker Poe Adams & Bernstein LLP

Ninth Circuit Says Employee Bears Burden at Trial of Proving Available ADA Accommodation

We typically avoid reporting on cases that involve procedural issues primarily of interest to trial lawyers. However, once in a while, a procedural decision can have significant impacts on how employers structure their human...more

McAfee & Taft

Employer successfully fights EEOC subpoena

McAfee & Taft on

Any employer that has gone through an Equal Employment Opportunity Commission (EEOC) investigation knows one thing is certain: you will have to provide mountains of documents. Normally, the EEOC will informally request...more

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