By Minh N. Vu
Seyfarth Synopsis: ADA Title III lawsuits flooded federal courts in 2019 and will likely continue to do so in 2020 with new theories for the courts to consider.
We are still tallying up the end-of-year numbers, but the number of ADA Title III lawsuits filed in federal courts by the end
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
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
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
By James L. Curtis and Adam R. Young
Seyfarth Synopsis: The National Safety Council released a policy statement endorsing employer zero-tolerance policies for cannabis use for employees who work in safety-sensitive positions, explaining that no level of cannabis is safe.
Unlike a test for Blood Alcohol Content, testing results for Tetrahydrocannabinol (THC) metabolites
By Paul Galligan and Meredith-Anne Berger
Seyfarth Synopsis: The New York City Council voted to expand the anti-discrimination and retaliation provisions of the Human Rights Law to freelancers and independent contractors. The bill is awaiting the Mayor’s signature. New York City employers should also be aware that the law prohibiting retaliation against anyone who
By Minh Vu, Kristina Launey, and Susan Ryan
Seyfarth Synopsis: Data from the first six months of 2019 shows a 12% increase over 2018.
The task of counting the number of ADA Title III lawsuits filed in federal courts grows with the ever-increasing numbers of lawsuits. For the period from January 1,
By Phillip J. Ebsworth and Jennifer L. Mora
Seyfarth Synopsis: While employees often will toot their own horn, employers sometimes may have concerns about their ability to safely perform their job. If this situation rings a bell, it will be music to your ears to hear that it may be possible to request employees
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
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