News & Analysis as of

Summary Judgment Disability Discrimination Family and Medical Leave Act (FMLA)

Seyfarth Shaw LLP

Mullin v. VA: Reiterating The Importance Of Employer Confidentiality Obligations Around Medical Information

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The Eleventh Circuit’s decision in Mullin v. U.S. Department of Veteran Affairs clarifies that confidentiality protections around medical certifications are robust and enforceable, even absent viable accommodation or...more

Amundsen Davis LLC

Extended, Indefinite Leave Request Is Usually NOT a Reasonable Accommodation

Amundsen Davis LLC on

A recent decision from the Fourth Circuit Court of Appeals tackled the question of when an employer is obligated to provide leave as a disability accommodation when the leave request is for an indefinite length of time. In...more

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

Federal Court: Employee’s Self-Serving Testimony and Discovery Responses Did Not Satisfy Burden of Proof on Summary Judgment

In Buckmaster v. The National Railroad Passenger Corp. d/b/a Amtrak, the U.S. District Court for the District of Maryland addressed whether an employee had offered any evidence of discrimination or retaliation beyond his own...more

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

Consistently Inconsistent: An Example of Shifting Reasons for Employment Termination Precluding Summary Judgment

The U.S. District Court for the Western District of Texas recently denied an employer’s motion for summary judgment when its alleged shifting reasons for terminating the plaintiff’s employment contract raised genuine issues...more

Seyfarth Shaw LLP

Whew! Fifth Circuit Reinforces Importance of Documenting Performance Issues

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Seyfarth Synopsis: In affirming summary judgment in favor of the defendant in an Family and Medical Leave Act (FMLA) interference and retaliation case, the Fifth Circuit reinforced the importance of documenting performance...more

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

Eleventh Circuit Opinion Clarifies Definition of ‘Similarly Situated’ Comparators

On March 21, 2019, finding in favor of an employer seeking summary judgment, the U.S. Court of Appeals for the Eleventh Circuit, in Lewis v. City of Union City, clarified the definition of “similarly situated” comparators for...more

Littler

Sixth Circuit Rejects Argument that Full-Time Job Requires Full-Time Hours in ADA Failure to Accommodate Case

Littler on

Holding that full-time presence at the workplace is not always an essential job function, on July 17, 2018, the U.S. Court of Appeals for the Sixth Circuit reversed summary judgment in favor of the employer in an Americans...more

Holland & Knight LLP

Seventh Circuit Provides Clarity on Leaves of Absence and the ADA

Holland & Knight LLP on

The U.S. Court of Appeals for the Seventh Circuit recently held that an employer's refusal to offer an employee a two- or three-month medical leave of absence following his exhaustion of his Family Medical Leave Act (FMLA)...more

BCLP

ADA Does Not Require Employers to Provide Multi-Month Leave Beyond Expiration of FMLA Leave – Seventh Circuit

BCLP on

This week the 7th Circuit Court of Appeals issued a decision helpful to employers grappling with whether they must extend an employee’s time off following the expiration of Family and Medical Leave Act (FMLA) leave as a...more

Burr & Forman

4th Circuit Bounces Bank's Request to Dismiss Manager's FMLA Case

Burr & Forman on

In a relatively recent decision, the U.S. Court of Appeals for the 4th Circuit (whose rulings apply to all South Carolina employers) found that an employer's faulty notice to an employee about his rights under the Family and...more

Seyfarth Shaw LLP

Fifth Circuit Flips Grant Of Summary Judgment Against EEOC in ADA Case

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Seyfarth Synopsis: In an ADA action regarding disability discrimination, the Fifth Circuit reversed a District Court’s grant of summary judgment in favor of the employer and against the EEOC, noting that even though the...more

Mintz - Employment, Labor & Benefits...

Employer Win in California – Say What??? Stress From Working Under Particular Supervisor is Not a Disability

Over the course of a career many workers experience the displeasure of dealing with a difficult supervisor — the type of individual whose mere presence in the workplace is a source of dread and whose name inspires feelings of...more

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