Absence Management & Reasonable Accommodation

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

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

By Tracy Billows, Sara Fowler, Ala Salameh, Josh Seidman, and Meg Toth

What You Need To Know:

  • The legislation would provide eligible Illinois employees with up to 12 weeks of leave in a 24-month period, to be used for time
  • Continue Reading Illinois Contemplates Paid Family Leave Insurance Program

    By Michelle ShamouilianDaniel I. SmallCourtney S. Stieber, and Robert S. Whitman

    Seyfarth Synopsis: A bill pending in the New York City Council would prohibit employers from discharging employees absent just cause or a bona fide economic reason.  The bill would also ban employers from relying on data collected through electronic monitoring when discharging or disciplining

    Continue Reading At-Will No More? New York City Bill Would Restrict Discharge of Employees

    By Saman Haque and Ellen E. McLaughlin

    Seyfarth Synopsis: In a recent ruling, Roberts v. Gestamp (Decided August 15, 2022), the Fourth Circuit reversed, in part, the lower court’s decision to grant the Company’s motion for summary judgment on the grounds that the employee did not follow the Company’s “usual and customary” absence notice procedures as required by the Family
    Continue Reading How A Facebook Messenger Chat Can Become a “Usual and Customary” FMLA Notice Procedure For a Company

    By Erin Dougherty Foley and Kimberly Shen, Summer Fellow

    Seyfarth Synopsis: On July 14, 2022, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgment in an Americans With Disabilities Act discrimination and retaliation case filed by an employee with multiple sclerosis. In rejecting the plaintiff’s claims, the Court’s decision points to the importance of employers having
    Continue Reading Seventh Circuit Decision Highlights the Importance of Designing a Legally Compliant PTO Policy

    By Gillian B. LeporeMeg Toth, and Sara Eber Fowler

    Seyfarth Synopsis: Illinois recently amended its Child Bereavement Leave Act to expand the reasons for leave, including miscarriage and stillbirth, and adds additional covered family members.  The law will now be called the “Family Bereavement Leave Act” and goes into effect on January 1, 2023. 

    On June 9,
    Continue Reading Illinois Expands Its Bereavement Leave Act

    By Michael J. Cederoth, Rachel Duboff*, and Erin Dougherty Foley

    Seyfarth Synopsis: Accommodation requests continue to vex employers as they attempt to balance an employee’s religious beliefs with the overall needs of the business operations. But try they must. 

    Notwithstanding the mangled Yoda quote above, as more employees return to in-person work, it is important to remember an
    Continue Reading There Is No Try: Elimination of Religious Belief Conflict to Work Obligations Accommodation Must Do …. ( Unless Doing So Would Cause Undue Hardship)

    By Erin Dougherty Foley and James Nasiri*

    Seyfarth Synopsis: On February 18, 2022, the U.S. Court of Appeals for the First Circuit affirmed a district court decision granting a municipal employer’s motion for summary judgment in a case brought by a former garbage man alleging race discrimination under Section 1983. The Court’s decision, which is rooted in the Town’s
    Continue Reading First Circuit Sides with Employer in Race Discrimination Suit Brought by Former Garbage Man

    By Glenn J. SmithHoward M. WexlerEphraim J. Pierre, and Bill S. Varade

    Seyfarth Synopsis: The New Jersey Supreme Court held that a plaintiff need not plead an adverse employment action such as a termination or demotion to establish a prima facie case of failure to accommodate a disability under New Jersey’s Law Against Discrimination (“LAD”).
    Continue Reading No Adverse Action? No Problem: NJ Supreme Court Eases Pleading Burden for Disability Claims under LAD

    By Cary Reid Burke and Stan Hill

    Seyfarth Synopsis: The Eleventh Circuit Court of Appeals recently provided several reminders to employers regarding their obligations under the Family and Medical Leave Act (FMLA), in vacating summary judgment for the employer in Ramji v. Hospital Housekeeping Systems, Inc., Case No. 19-13461 (11th Cir. April 6, 2021).

    First, an employer cannot get
    Continue Reading 11th Circuit to Employers: Heed Your FMLA Obligations