By Glenn J. Smith, Howard M. Wexler, Ephraim J. Pierre, and Bill S. Varade
Seyfarth Synopsis: The New Jersey Supreme Court held that a plaintiff need not plead an adverse employment action such as a termination or demotion to establish a prima facie case of failure to accommodate a disability under New
By Cary Reid Burke and Stan Hill
Seyfarth Synopsis: The Eleventh Circuit Court of Appeals recently provided several reminders to employers regarding their obligations under the Family and Medical Leave Act (FMLA), in vacating summary judgment for the employer in Ramji v. Hospital Housekeeping Systems, Inc., Case No. 19-13461 (11th Cir. April 6, 2021).
By Gerald L. Maatman, Jr., Christopher DeGroff, Matthew J. Gagnon, and Alex S. Oxyer
Seyfarth Synopsis: The EEOC recently released its enforcement and litigation statistics for Fiscal Year 2020. Notably, the statistics indicate that 2020 saw a dramatic drop in filed charges, with the lowest number of charges filed in over
By Linda C. Schoonmaker and Brian A. Wadsworth
Seyfarth Synopsis: The Sixth Circuit recently sided with employer Fresh Products, LLC and its HR Manager, Dawn Shaferly, in an age, race, and disability discrimination lawsuit. In doing so, the Court helpfully clarified when an employer can contractually shorten the limitations periods with respect to certain
Seyfarth Synopsis: Ninth Circuit concludes in trilogy of disability access cases that complaints must specifically allege unlawful conditions.
Over the years, ADA Title III complaints filed by the plaintiff’s bar have gotten progressively more vague with respect to the barriers alleged. This is no coincidence: Some have stated outright that they keep
By Karla Grossenbacher, Jennifer A.Kraft, and Benjamin J.Conley
Seyfarth Synopsis: As COVID-19 vaccines become more readily available in coming months, employers are exploring ways to maximize vaccination rates within their workforce. Some employers are considering making vaccination mandatory. Be sure to read our alert for more relating to legal considerations involved with
By Honore N. Hishamunda and Erin Dougherty Foley
Seyfarth Synopsis: Employees can sometimes sour on jobs they transfer to and, this in turn, can create practical and legal risk for employers, particularly where an employee changed jobs in connection with a disability accommodation. A recent decision from the United States Court of Appeals for
By Nolan R. Theurer and Andrew M. McNaught
Seyfarth Synopsis: On August 18, 2020, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgment on a plaintiff’s associational disability discrimination and retaliation claims, finding the plaintiff failed to support his allegations with sufficient evidence. The decision prevents plaintiffs with associational discrimination claims from
By Kevin Fritz and Erin Dougherty Foley
Seyfarth Synopsis: Athleisure company is rightfully able to terminate the employment of individual with physical limitations, despite that individual’s ability to delegate such functions of her position. See Tonyan v. Dunham’s Athleisure Corp., No. 19-2939 (7th Cir. 2020).
Angela Tonyan was employed by Dunham’s Athleisure Corp.
By Erin Dougherty Foley and Craig B. Simonsen
Seyfarth Synopsis: Seven years ago today The Employment Law Lookout Blog launched its twice weekly publications. Now as we enter a new year — we wanted to celebrate this milestone by taking a look back at our seven most popular posts of “all time.” (As compiled