Absence Management & Reasonable Accommodation

By Linda C. Schoonmaker and Vanessa Rogers

Seyfarth Synopsis: Vaccinations have been widely debated over the past few years, leaving employers unclear about their obligations to accommodate employees whose religious beliefs conflict with them. Recently the U.S. Court of Appeals for the Fifth Circuit issued a decision providing insight into vaccination accommodations and establishing favorable precedent for employers.

Specifically, the
Continue Reading 5th Circuit Says No, Employer Not Liable for Religious Discrimination, Retaliation, or First Amendment Violations in Employee Vaccination Case

By Lennon B. Haas and Kevin M. Young

Seyfarth Synopsis: In Flaherty v. Entergy Nuclear Operations, Inc., ___ F.3d ___, No. 18-1759, 2019 WL 7046367, at *1 (1st Cir. Dec. 23, 2019), the First Circuit struck a terminated nuclear plant security officer’s self-serving affidavit opposing summary judgment and held that he was not qualified for his position, and thus
Continue Reading Nuclear Power Company Avoids ADA Discrimination Claim Meltdown

By Brandon L. Dixon and Erin Dougherty Foley

Seyfarth Synopsis:  The Americans with Disabilities Act (ADA) not only provides protection to individuals who have physical or mental impairments, but to individuals an employer may perceive to have such impairments.  These cases can be challenging for employers to defend, and the recent Sixth Circuit case, Babb v. Maryville Anesthesiologists, P.C.
Continue Reading Sixth Circuit “Regarded As” ADA case — When Reality and Perception Collide

By Jennifer L. Mora

Seyfarth Synopsis: The Tenth Circuit Court of Appeals recently affirmed summary judgment in favor of an employer that terminated an employee after he tested positive for methamphetamines, even though he claimed that his drug test was the result of his use of an over-the-counter sinus medicine. While a favorable decision to employers, it serves as
Continue Reading Court Upholds Termination of Employee Who Claimed Failed Drug Test Was Due to Over-the-Counter Medications

By Linda C. Schoonmaker and Brian A. Wadsworth

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 issues and following internal policies. This case serves as a good reminder for employers to continue to document performance issues
Continue Reading Whew! Fifth Circuit Reinforces Importance of Documenting Performance Issues

By David J. Rowland and Danielle R. Rabie

Seyfarth Synopsis: In a 2-1 decision in Bilinsky v American Airlines, Inc., 2019 WL 2610944 (7th Cir. June 26, 2019), the Seventh Circuit recently affirmed American Airlines’ summary judgment win against a former employee who alleged American violated the ADA by failing to allow her to continue to work remotely
Continue Reading Close Call: American Airlines Wins ADA Case by One Vote, but the Warning Signals for Employers are Loud and Clear

By Erin Dougherty Foley and Craig B. Simonsen

Seyfarth Synopsis:  The U.S. Court of Appeals in the Seventh Circuit has recently decided a case involving an extremely obese bus driver and denied his claims under the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101–12213, as amended by the ADA Amendments Act of 2008 (ADAAA), Pub. L.
Continue Reading 7th Circuit Rules that Extreme Obesity is Not an ADA Impairment (at Least on These Facts)

By Linda Schoonmaker and John P. Phillips

Seyfarth Synopsis:  Employers in Austin, Dallas, and San Antonio expected the Texas Legislature to overturn their cities’ recent foray into city-specific paid sick leave laws.  However, the Texas Legislature recently wrapped-up its legislative session without passing a law curtailing city-specific paid sick leave laws—and the Legislature will not meet again until 2021. 
Continue Reading Paid Sick Leave in Texas Survives the Texas Legislature

By Sara Eber Fowler, Rhandi Childress Anderson, and Erin Dougherty Foley

Seyfarth Synopsis: The Department of Labor issues an opinion letter clarifying that employers must promptly designate FMLA leave, regardless of the availability of paid leave.

What if an employee wanted to say “no thank you” to their FMLA rights, use their other available leave, thereby saving
Continue Reading It’s Not A Choice – The DOL Emphasizes That Employers Must Designate FMLA Leave When It Applies

By Daniel B. Klein and Christopher W. Kelleher

Seyfarth Synopsis: While we await the proposed regulations due by March 31, 2019, the new Department of Family and Medical Leave has provided several points of clarification of which employers should be aware, as we gear up for implementation of the Massachusetts Paid Family and Medical Leave (PFML) Law.

As we previously
Continue Reading Massachusetts Offers Further Clarification On Its Paid Family And Medical Leave Law: What Employers Should Know