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 to undergo a medical examination
Continue Reading Is Your Employee As Fit As A Fiddle?
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 the act. The court held
Continue Reading Ninth Circuit Expands “Regarded-As” Disabled Standard
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 learning she was pregnant. Caroline
Continue Reading Employer’s Duty to Accommodate High Risk Pregnancies
By Honore Hishamunda and Alex S. Drummond
Seyfarth Synopsis: Employers face a tough challenge in trying to balance their obligations under the ADA with efforts to enforce workplace rules. A recent decision out of the United States Court of Appeals for the Sixth Circuit, however, highlighted how employers can get that balance right.
The Americans with Disabilities Act (ADA), among
Continue Reading The Sixth Circuit Shows that Balancing ADA Obligations with Enforcement of Workplace Rules is Far From an Exercise in Futility
By Jade M. Gilstrap and Alex S. Drummond
Seyfarth Synopsis: The D.C. Circuit recently revived a single-leg amputee’s claim that his former employer failed to accommodate his disability by refusing his request for a classroom aide. In reversing the lower court’s decision in part, the two-member panel found triable issues of fact existed regarding whether forcing the plaintiff to
Continue Reading Requiring Employees Seeking Reasonable Accommodations to “Feel the Burn” May Violate ADA
By Honore Hishamunda and Alex S. Drummond
Seyfarth Synopsis: Plaintiffs in disability discrimination cases often have sympathetic facts on their side. A recent decision out of the United States Court of Appeals for the First Circuit, however, highlighted that courts are tasked with applying the law in such cases even if doing so leads to a loss for a sympathetic
Continue Reading First Circuit Decision Underlines the Importance of Law Over Sympathetic Facts in Disability Discrimination Cases
Seyfarth Synopsis: Employee committed to taking opioids loses his job and his disability discrimination lawsuit because he refused to consider alternative pain management.
The “interactive process” required by the Americans with Disabilities Act (ADA), as amended by the ADA Amendments Act, is a two-way street between an employee and his or her employer. Consistent with
Continue Reading Employees are ALSO Required to Engage in the Interactive Process Under the ADA
Seyfarth Synopsis: The Sixth Circuit Court of Appeals recently held that telecommuting can be a reasonable accommodation under the ADA when the employee is able to perform the essential functions of the position remotely and the request is for a finite period. Mosby-Meachem v. Memphis Light, Gas & Water Division, No 17-5483 (6th Cir.
Continue Reading “A Telecommute Dispute” – What is a Reasonable Accommodation Under the ADA?
Seyfarth Synopsis: Complying with the ADA, particularly when an employee has a mental health-related disability, can be challenging. Fortunately, a recent decision out of the Seventh Circuit provides helpful guidance for employers struggling to accommodate employees with mental health issues while at the same time maintaining safe and productive workplaces. The decision makes clear that in
Continue Reading Rock and a [Softer] Hard Place: Seventh Circuit Eases the Burden for Accommodating Employees with Mental Health Disabilities
By Rachel Hoffer, John P. Phillips and Mahek Bhojani
Seyfarth Synopsis: In a recent win for employers, the Fifth Circuit clarified that opened-ended or unlimited requests to work from home are unreasonable under the Americans with Disabilities Act (“ADA”) and may be rejected during the interactive process. In addition, the Court instructed lower courts to give preference over other
Continue Reading Fifth Circuit Says Regular Attendance at Work is an Essential Function of Most Jobs