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
National Safety Council Endorses Zero Tolerance Prohibition on Cannabis/Marijuana for Safety-Sensitive Employees
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
Is Your Employee As Fit As A Fiddle?
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
Close Call: American Airlines Wins ADA Case by One Vote, but the Warning Signals for Employers are Loud and Clear
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
7th Circuit Rules that Extreme Obesity is Not an ADA Impairment (at Least on These Facts)
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
Four-Year Court Battle Between Deaf Advocates and Harvard Over Closed Captioning of Videos Proceeds to Discovery With Some Limitations
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
Domino’s To Ask Supreme Court To Consider Whether ADA Website/Mobile App Accessibility Lawsuits Violate Due Process
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
It’s Not A Choice – The DOL Emphasizes That Employers Must Designate FMLA Leave When It Applies
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
Ninth Circuit Allow the Robles v. Domino’s Website and Mobile App Accessibility Lawsuit to Move Forward
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
The ADA Does Not Obligate Employers To Make On-The-Spot Accommodations Of The Employee’s Choosing
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