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 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

Seyfarth Synopsis: On May 5, 2021, Seyfarth Shaw hosted a webinar entitled Passport to Normalcy: The Opportunities and Risks for Businesses in COVID Passports.

Speakers included: Andrea Serra, Project Lead with the World Economic Forum’s Mobility team, Marc Freedman, Vice President of Employment Policy with the Chamber of Commerce, Loren Gesinsky, Labor & Employment Partner with Seyfarth Shaw
Continue Reading Passport to Normalcy: The Opportunities and Risks for Businesses in COVID Passports

By Stan Hill and Cary Reid Burke

Seyfarth Synopsis: Recently, when affirming summary judgment to the employer in a disability discrimination case, the Fifth Circuit Court of Appeals issued two welcome reminders. First, to pursue a disability accommodation, an employee must actually ask for an accommodation (although not necessarily using any magic words). Second, and just as fundamentally, employees must
Continue Reading Ask, or You Shall Not Receive: 5th Circuit Nixes Accommodation Claim for Employee’s Failure to Ask for an Accommodation

By Erin Dougherty Foley and Grace Nickels

Seyfarth Synopsis: New decision from the Supreme Court ruled that Title VII’s requirement that plaintiffs file with the EEOC or other state agencies is a non-jurisdictional claim-processing rule, which means it can be forfeited if a defendant waits too long to raise the objection.

On June 3, 2019, the U.S. Supreme Court resolved
Continue Reading Use It or Lose It: Supreme Court Rules that Failure to Exhaust Defense Must be Prompt