By: Linda C. Schoonmaker, Elizabeth L. Humphrey, Julia M. Tape, and Nikki Nobile*
On April 10, 2026, the Texas Supreme Court issued a closely watched decision in Texas Department of Public Safety v. Callaway, No. 24-0966, addressing when a disability is—and is not—protected under Chapter 21 of the Texas Labor Code. The Court held that an
Continue Reading Texas Supreme Court: Documented Conduct Showing Actual Job Impairment Is Key to Avoiding Disability Discrimination Liability
By Joshua A. Rodine and Kimberly Shen
Seyfarth Synopsis: The Tenth Circuit Court of Appeals reversed a summary judgment award on an employee’s failure-to-accommodate claim. The Court’s decision focused on the employer’s improperly narrow delineation of the essential functions of the employee’s position.
Hampton v. Utah Department of Corrections
It is the ultimate legal and PR nightmare for any
Continue Reading Tenth Circuit Highlights Limits on Employers Defining Essential Functions of a PositionBy Vy’Shaey Mitchell and Erin Dougherty Foley
Seyfarth Synopsis: In a recent ruling, Brooks v. Avancez, (Decided July 6, 2022) the U.S. Court of Appeals for the Seventh Circuit affirmed a finding for summary judgment for an employer after it was found to have terminated its employee for legitimate non-discriminatory reasons. The decision makes clear that an employer
Continue Reading Trust But Verify: Conduct Your Own Investigation Before Termination
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 those allegations vague so businesses
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 the Fourth Circuit, however, makes
Continue Reading Your Accommodation Can’t Be That Bad, You Asked For It….
By Samantha L. Brooks and Erin Dougherty Foley
Seyfarth Synopsis: In McCann v. Badger Mining Corporation, — F.3d. — (7th Cir. 2020), the Seventh Circuit affirmed summary judgment and held that no jury could conclude that plaintiff’s position would not have been eliminated “but for” her disability.
In McCann, the plaintiff alleged that she had been discriminated against
Continue Reading Seventh Circuit Affirms Summary Judgment in Disability Suit Where No Evidence that Disability Was “But For” Cause of Position Elimination
By James L. Curtis, Adam R. Young, Matthew A. Sloan, and Craig B. Simonsen
Seyfarth Synopsis: Employees who complain about safety measures to protect employees from COVID-19 may be protected from retaliation by federal and state laws. Employees who refuse to perform job functions may also be protected.
News media reports during the COVID-19 pandemic highlight
Continue Reading Whistleblower Liability for Employee Safety Complaints During the COVID-19 Pandemic
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 of 2008 (ADAAA), Pub. L.
Continue Reading 7th Circuit Rules that Extreme Obesity is Not an ADA Impairment (at Least on These Facts)
Seyfarth Synopsis: Given this recent New Mexico medical marijuana law change discussed here, employers in all jurisdictions should review their current policies and practices addressing “weed at work” and continue to monitor developments in this evolving area of law.
Although New Mexico has had a medical marijuana law in place since 2007, it did not contain
Continue Reading New Mexico Just Became Employee-Friendly to Medical Marijuana Users
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