Seyfarth Synopsis: On January 14, 2022, the Supreme Court of New Hampshire reversed a trial court decision that dismissed a former employee’s complaint alleging his employer failed to consider whether it could reasonably accommodate his use of marijuana for medicinal purposes. New Hampshire joins a growing number of other jurisdictions that have found an employer
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Biden Department of Justice Steps up ADA Title III Enforcement
Seyfarth Synopsis: The Biden DOJ Civil Rights Division has been much more active than its predecessor in enforcing Title III of the ADA and supporting plaintiffs in pending litigation.
As we predicted in January, the Civil Rights Division at the Department of Justice (DOJ) under the Biden Administration has been very busy. In the nine months since President Biden took
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No Adverse Action? No Problem: NJ Supreme Court Eases Pleading Burden for Disability Claims under LAD
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 Jersey’s Law Against Discrimination (“LAD”).
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Fourth Circuit Speaks: To Be “Qualified” Under the ADA, Disabled Employee Must Comply with Valid Safety Requirements
By John P. Phillips and Linda Schoonmaker
Seyfarth Synopsis: Often an employer’s valid safety requirements for a position can be at odds with a disabled employee’s request for a reasonable accommodation. A recent decision from the Fourth Circuit Court of Appeals reaffirms employers’ right to require compliance with valid safety requirements. And it serves as a helpful reminder that
Continue Reading Fourth Circuit Speaks: To Be “Qualified” Under the ADA, Disabled Employee Must Comply with Valid Safety Requirements
Eleventh Circuit Finds Comparator Evidence Requirement Less Stringent Under the Pregnancy Discrimination Act
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
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New York’s Latest Expansions to Human Rights Laws Shake Up Employment Landscape
By Paul Galligan and Meredith-Anne Berger
Seyfarth Synopsis: The New York City Council voted to expand the anti-discrimination and retaliation provisions of the Human Rights Law to freelancers and independent contractors. The bill is awaiting the Mayor’s signature. New York City employers should also be aware that the law prohibiting retaliation against anyone who requests a reasonable accommodation goes
Continue Reading New York’s Latest Expansions to Human Rights Laws Shake Up Employment Landscape
Ninth Circuit Expands “Regarded-As” Disabled Standard
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
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Employer’s Duty to Accommodate High Risk Pregnancies
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
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The Sixth Circuit Shows that Balancing ADA Obligations with Enforcement of Workplace Rules is Far From an Exercise in Futility
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
Workplace Hazards and Pregnancy – What’s an Employer to Do?
By James L. Curtis, Erin Dougherty Foley, Adam R. Young, Megan P. Toth, and Craig B. Simonsen
Seyfarth Synopsis: Employers must evaluate their safety protections for pregnant women and engage in the interactive process with employees to find reasonable accommodations.
Reproductive Health Hazards in the Workplace
Pregnant women work in hazardous jobs across the United
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