Absence Management & Reasonable Accommodation

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

By Honore N. Hishamunda and Erin Dougherty Foley

Seyfarth Synopsis: Employees can sometimes sour on jobs they transfer to and, this in turn, can create practical and legal risk for employers, particularly where an employee changed jobs in connection with a disability accommodation. A recent decision from the United States Court of Appeals for the Fourth Circuit, however, makes
Continue Reading Your Accommodation Can’t Be That Bad, You Asked For It….

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 this burning question in its
Continue Reading Pandemic Telework Does Not Create Presumptive Right to Telework Post-Pandemic According to EEOC

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. as a store manager. She
Continue Reading 7th Circuit has Spoken: Two Pound Lifting Limit, and Other Restrictions Can be an Unreasonable Accommodation under the ADA

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 1 of ADA 30:  30
Continue Reading Seyfarth Team Launches Part 2 of its ADA 30: 30 Tips for 30 Years Video Series

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 pandemic, businesses seeking to
Continue Reading Boy, I Need a Vacation: FAQs Regarding Employee Travel and PTO

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 accommodation request after the employer
Continue Reading Too Little, Too Late: The First Circuit Finds For Employers in an Accommodation Request Made After The Termination Decision

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 Closures (Q&A Nos. 67 and
Continue Reading Paid Leave and Coronavirus—Part XIV: Our Top Five Takeaways from the DOL’s Most Recent FFCRA Q&As as the Summer Unofficially Begins and Businesses Continue to Reopen

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 taken from the federal court
Continue Reading “But For” or “Motivating Factor” Under the FMLA? The Fifth Circuit May Soon Clarify and Join the Circuit Split