Adverse Employment Action

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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  Linda C. Schoonmaker and Darien Harris

Seyfarth Synopsis:  Confronted with pleadings that unequivocally showcases the Dallas County Sheriff’s Department’s discriminatory scheduling policies, the Fifth Circuit finds that the strict application of its precedent regarding the definition of an “adverse employment action” is simply incompatible with the text of Title VII. Hamilton v. Dallas County. What follows…

Continue Reading The Fifth Circuit Has Broadened Its Definition of What Constitutes An “Adverse Employment Action” For Purposes of a Discrimination Claim.  What Will That Mean For Employers?