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 relying on unsupported allegations of
Continue Reading 7th Circuit Focuses On Evidence To Avoid Distraction In Associational Discrimination Case

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. as a store manager. She
Continue Reading 7th Circuit has Spoken: Two Pound Lifting Limit, and Other Restrictions Can be an Unreasonable Accommodation under the ADA

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 by our marketing team and
Continue Reading Happy Birthday to Us! Employment Law Lookout Blog’s Seventh Year Anniversary – A Look Back at our Top Posts

By Linda C. Schoonmaker and Brian A. Wadsworth

Seyfarth Synopsis: The First Circuit recently sided with an employer in a disability discrimination suit in Trahan v. Wayfair Maine, Inc., Civil Action 19-1961.

The former employee plaintiff claimed that her employer discriminated against her when it terminated her employment and failed to honor her accommodation request after the employer
Continue Reading Too Little, Too Late: The First Circuit Finds For Employers in an Accommodation Request Made After The Termination Decision

By Minh N. Vu

Seyfarth Synopsis: Depending on the staffing and layout of the retail store, some examples of accommodations may be reasonable and not cause undue hardship.

Several weeks ago, we blogged about mask objectors presenting businesses with documents bearing the U.S. Department of Justice seal stating that they are not required to wear masks because of their disability.
Continue Reading Mask Policies Put Businesses Between A Rock And A Hard Place

By Louisa J. Johnson and James J. Swartz, Jr.

Seyfarth Synopsis: On April, 17, 2020, the Eleventh Circuit Court of Appeals in Durham v. Rural/Metro Corp., No. 18-14687, considered a matter of first impression within the Circuit and became one of the first appellate courts to consider the following: who is deemed a valid comparator to a pregnant
Continue Reading Eleventh Circuit Finds Comparator Evidence Requirement Less Stringent Under the Pregnancy Discrimination Act

By Gerald L. Maatman, Jr., Christopher DeGroff, and Matthew J. Gagnon

Seyfarth Synopsis:  The EEOC recently released updated guidance for employers trying to navigate the federal anti-discrimination laws in the COVID-19 era – entitled What You Should Know About the ADA, the Rehabilitation Act, and COVID-19. The most recent update adds significantly to the EEOC’s position on how
Continue Reading Updated EEOC COVID-19 Guidance: The Commission Adds New Q&A To Help Employers Understand Their EEO Obligations In These Trying Times

By Gerald L. Maatman, Jr. and Matthew Gagnon

Seyfarth Synopsis: In the past 24 hours, the EEOC released a statement: What You Should Know About the ADA, the Rehabilitation Act, and COVID-19, which gives employers some guidance on how they can navigate the safety concerns associated with COVID-19 while staying in compliance with the federal disability discrimination laws. The
Continue Reading EEOC COVID-19 Update: The Commission Clarifies Employers’ Obligations Under The ADA And The Rehabilitation Act

By Jennifer L. Mora

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 to employers, it serves as
Continue Reading Court Upholds Termination of Employee Who Claimed Failed Drug Test Was Due to Over-the-Counter Medications

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 (the psychoactive components of cannabis)
Continue Reading National Safety Council Endorses Zero Tolerance Prohibition on Cannabis/Marijuana for Safety-Sensitive Employees