Absence Management & Reasonable Accommodation

Into the Breach is the first law firm podcast exclusively devoted to reps and warranties insurance and the transactional risk markets. Hosted by Seyfarth partners Bryan M. O’Keefe and Gena B. Usenheimer, the hosts in their unique, buoyant style, interview leaders from the industry, and explore the latest developments, market trends, and news impacting RWI and transactional risk insurance.

Continue Reading Into the Breach Podcast – Episode 32: Cyber Insurance: What You Need to Know for Your Next Deal

By Joshua A. Rodine and Kimberly Shen

Seyfarth Synopsis: The Tenth Circuit Court of Appeals reversed a summary judgment award on an employee’s failure-to-accommodate claim. The Court’s decision focused on the employer’s improperly narrow delineation of the essential functions of the employee’s position.

Hampton v. Utah Department of Corrections

It is the ultimate legal and PR nightmare for any

Continue Reading Tenth Circuit Highlights Limits on Employers Defining Essential Functions of a Position

By Janine E Raduechel and Holger G. Besch

Seyfarth Synopsis: The Tenth Circuit further clarifies The Rehabilitation Act while making it even harder to get rid of failure to accommodate claims at the summary judgment stage; FEHA and ADA implications may follow.

On June 16th, the United States Court of Appeals for the Tenth Circuit brought down a case that

Continue Reading The Art of Defending (or Lodging) a Failure to Accommodate Claim: A Lesson on The Rehabilitation Act

By Linda C. Schoonmaker and Elizabeth L. Humphrey

Seyfarth Synopsis: Hospitals spend copious amounts of time developing hiring systems to ensure that the most-qualified applicants are selected for jobs in the healthcare field. The lives of millions of Americans depend on a hospital’s ability to provide access to knowledgeable healthcare providers, which ensures excellence in patient care. EEOC v. Methodist

Continue Reading Hospital’s Most-Qualified Applicant Policy Hangs in the Balance in Wake of EEOC Appeal of ADA Mandatory Reassignment Claim, Fifth Circuit Says

By Janine E. Raduechel and Josh A. Rodine

Seyfarth Synopsis: A California Court of Appeal ruled that both the Fair Employment and Housing ACT (FEHA) and California’s Pregnancy Disability Leave law (PDL) require a plaintiff to prove that the plaintiff had a condition related to pregnancy and, with a reasonable accommodation, the plaintiff could have performed the essential functions of

Continue Reading California Appellate Court Clarifies Elements of Pregnancy Discrimination Claims

Seyfarth Synopsis: Please join attorneys from Seyfarth’s Labor & Employment group for part three of a micro-webinar series addressing important legal issues and considerations for health care employers across the Bay State.

This program will focus on the obligations health care employers owe to members of the public who seek access to their facilities under Title III of the

Continue Reading Micro-Webinar Series — Hot Topics in Employment Law for Massachusetts Health Care Organizations: Part 3: ADA Title III / Public Accommodation

By Darien C. Harris, Dawn Reddy Solowey, and Lynn A. Kappelman

Seyfarth Synopsis: As of February 28, 2023, diverse coalitions – including a host of Republican Congressmen and 22 state Attorneys General – have filed nearly thirty amicus briefs urging the United States Supreme Court to seize the opportunity to overturn the decades-old de minimis standard to religious

Continue Reading With SCOTUS Poised to Redefine Title VII’s Religious Accommodation Test, Republican Powerbrokers and Religious Coalitions Chime In

By Alex J. Reganata and Daniel B. Klein

Seyfarth synopsis: Husband and Wife worked for the same employer, and both took FMLA leave for periodic flare-ups of their respective serious health conditions. The outside FMLA administrator notified the employer that Husband and Wife had frequently taken overlapping periods of FMLA leave. Under the employer’s FMLA policy, providing false or misleading

Continue Reading In Sickness And In Health: Seventh Circuit Clarifies Evidentiary Standard Required To  Discipline Employees For Abusing FMLA Leave

By Darien C. Harris and Dawn Reddy Solowey

Seyfarth Synopsis: Gerald Groff was a carrier for the United States Postal Service, but his religious beliefs prohibited him from working on Sundays in observation of the Sabbath.  USPS offered to find employees to cover Groff’s shifts, but on more than twenty Sundays no co-worker was available to swap with him.  When

Continue Reading Will SCOTUS Stiffen Employers’ Obligation To Accommodate Employees’ Religious Beliefs, Overturning Decades-Old Precedent?

By Michael C. Addy and Pamela Vartabedian

Seyfarth Synopsis:  On January 17, 2023, the Tenth Circuit issued a decision in Norwood v. United Parcel Service .  The Tenth Circuit affirmed the trial court’s decision in favor of United Parcel Service (“UPS”), holding that the Americans with Disabilities Act (“ADA”) does not require employers to immediately tell employees of approved possible

Continue Reading “Concealing” Approved Accommodations? Tenth Circuit Finds it Does Not Violate the ADA in Certain Circumstances