Absence Management & Reasonable Accommodation

By Loren Gesinsky and Samuel I. Rubinstein

Seyfarth Synopsis: With telework seeming like the new normal for many, employers and employees have been wondering whether pandemic telework will be seen as creating a presumptive right to post-pandemic telework as a reasonable accommodation for employees with disabilities. On September 8, 2020, the EEOC answered “no” to

By Kevin Fritz and Erin Dougherty Foley

Seyfarth Synopsis: Athleisure company is rightfully able to terminate the employment of individual with physical limitations, despite that individual’s ability to delegate such functions of her position. See Tonyan v. Dunham’s Athleisure Corp., No. 19-2939 (7th Cir. 2020).

Angela Tonyan was employed by Dunham’s Athleisure Corp.

Seyfarth Synopsis: The ADA Title III team launches the second installment of its 3-part video series containing 30 tips for businesses on how to better serve individuals with disabilities. This video covers reasonable modifications to normal policies, practices and procedures.

Take a look at Part 2 of our video series!

If you enjoyed Part

By Lisa Lehmann Nichols and Scott P. Mallery

Seyfarth Synopsis: Between states reopening and summer vacation beginning, employers have wondered what say they have over their employees’ use of PTO. Below are some of most frequently asked questions from employers about employee vacation in light of the pandemic.

Introduction

As Seyfarth has noted throughout the

By Linda C. Schoonmaker and Brian A. Wadsworth

Seyfarth Synopsis: The First Circuit recently sided with an employer in a disability discrimination suit in Trahan v. Wayfair Maine, Inc., Civil Action 19-1961.

The former employee plaintiff claimed that her employer discriminated against her when it terminated her employment and failed to honor her

By Lisa Lehmann Nichols, Samantha L. Brooks, and Steve Shardonofsky

Seyfarth Synopsis:  The Department of Labor recently issued additional “questions and answers” (“Q&A”) relating to the Families First Coronavirus Response Act (“FFCRA”). Below are a few key takeaways as employers reassess leave requirements for this summer.

1.  COVID-Related Summer Camp

By Funto P. Seton and Esteban Shardonofsky

Seyfarth Synopsis: The US Supreme Court has never directly decided and the federal courts of appeal have not reached a unanimous decision on whether the “but for” or “motivating factor” standard applies to retaliation claims under the Family and Medical Leave Act (FMLA). An interlocutory appeal recently

By Louisa J. Johnson and James J. Swartz, Jr.

Seyfarth Synopsis: On April, 17, 2020, the Eleventh Circuit Court of Appeals in Durham v. Rural/Metro Corp., No. 18-14687, considered a matter of first impression within the Circuit and became one of the first appellate courts to consider the following: who is deemed a

By Benjamin J. Conley, Paul S. Drizner, Diane V. Dygert, and Jennifer A. Kraft

Seyfarth Synopsis: As employers look for ways to help employees impacted by the current pandemic, one option to consider is permitting employees to donate their accrued, but unused paid time off (PTO) to fellow employees in need.  For

By Stan Hill and Cary Reid Burke

Seyfarth Synopsis: Recently, when affirming summary judgment to the employer in a disability discrimination case, the Fifth Circuit Court of Appeals issued two welcome reminders. First, to pursue a disability accommodation, an employee must actually ask for an accommodation (although not necessarily using any magic words). Second, and