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
By Kristina M. Launey and Minh N. Vu
Seyfarth Synopsis: Four years and two motions to dismiss based on the pleadings later, the National Association of the Deaf’s (NAD) online video captioning lawsuit against Harvard University is moving forward to fact discovery. On March 28, Federal Magistrate Judge Robertson in the District of Massachusetts denied
By Minh N. Vu
Seyfarth Synopsis: Domino’s Likely to File Petition for Certiorari from Ninth Circuit’s Ruling in Robles v. Domino’s.
As we reported, the Ninth Circuit held in January that a blind plaintiff could move forward with his ADA Title III lawsuit against Domino’s Pizza for having an allegedly inaccessible website and mobile
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
By Kristina M. Launey & Minh N. Vu
Seyfarth Synopsis: Ninth Circuit overturns district court’s dismissal of website accessibility lawsuit on due process and primary jurisdiction grounds, remands case to proceed with discovery.
On January 15, 2019, the Ninth Circuit Court of Appeals issued the fifth federal appeals court ruling on the issue of website
By Rhandi Childress Anderson and Erin Dougherty Foley
Seyfarth Synopsis: Sixth Circuit Court of Appeals clarifies that employers have discretion to provide a reasonable accommodation as identified through the interactive process. Once an employee abandons the interactive process, the employer has no duty to accommodate.
Under the Americans with Disabilities Act (ADA), the purpose
By Danielle M. Kays and Erin Dougherty Foley
Seyfarth Synopsis: For the first time since the enactment in 2008 of the ADA Amendments Act (ADAAA), which broadened the definition of a disability under the Americans with Disabilities Act (ADA), the Ninth Circuit addressed, and expanded, the definition of an individual who is “regarded-as” disabled under
By Paul Galligan and Tara Ellis
Seyfarth Synopsis: Employers Continue to Labor over Pregnancy Accommodations.
Earlier this month, Plaintiff Caroline Ruiz filed suit in the Southern District of New York against her former employer New Avon LLC, contending that Avon failed to accommodate her high risk pregnancy, and instead hastily terminated her employment upon