ADA

Federal Appeals Courts Are Nearing Consensus That Plaintiff Must Show an Adverse Employment Action When Asserting an ADA Failure-To-Accommodate Claim

A frequent claim that arises under the Americans with Disabilities Act (ADA) is failure by an employer to provide an

By D'Ontae Sylvertooth|2019-08-17T13:06:21-05:008/17/2019|Categories: Disability, Accommodations, and Leaves|Tags: ADA, Reasonable Accommodation|Comments Off on Federal Appeals Courts Are Nearing Consensus That Plaintiff Must Show an Adverse Employment Action When Asserting an ADA Failure-To-Accommodate Claim

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Employers Still Face Uncertainty on Duty To Accommodate Pregnancy Four Years After Supreme Court’s Landmark Ruling in Young v. UPS

The Pregnant Workers Fairness Act (PWFA), proposed federal legislation that would impose an affirmative obligation on an employer to reasonably

By Jose Galvan|2020-09-21T13:54:24-05:008/9/2019|Categories: Disability, Accommodations, and Leaves, Discrimination and Harassment|Tags: ADA, Pregnancy, Title VII|Comments Off on Employers Still Face Uncertainty on Duty To Accommodate Pregnancy Four Years After Supreme Court’s Landmark Ruling in Young v. UPS

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Ruling by Tenth Circuit Highlights Once Again How Courts Are Inclined To Enforce Overbroad EEOC Subpoenas

In yet another example of how the federal courts typically side with the Equal Employment Opportunity Commission (EEOC) when a

By Rae Vann|2019-08-04T21:53:52-05:008/4/2019|Categories: Agency Enforcement, Disability, Accommodations, and Leaves, Discrimination and Harassment|Tags: ADA, EEOC, EEOC Investigation, Subpoena|Comments Off on Ruling by Tenth Circuit Highlights Once Again How Courts Are Inclined To Enforce Overbroad EEOC Subpoenas

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Ruling by Sixth Circuit Serves as Reminder That Plaintiff Claiming ADA Protection Still Must Prove That a Disability Exists

A recent ruling by the U.S. Court of Appeals for the Sixth Circuit serves as an important reminder that a

By Jose Galvan|2019-07-07T22:25:11-05:007/7/2019|Categories: Disability, Accommodations, and Leaves, Discrimination and Harassment|Tags: ADA, Disability|Comments Off on Ruling by Sixth Circuit Serves as Reminder That Plaintiff Claiming ADA Protection Still Must Prove That a Disability Exists

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Seventh Circuit Joins Other Federal Appeals Courts by Ruling That Even “Extreme” Obesity Must Have a Physiological Cause To Trigger ADA Protection

Addressing the issue for the first time, the U.S. Court of Appeals for the Seventh Circuit ruled recently that even

By Rae Vann|2019-06-30T11:44:35-05:006/30/2019|Categories: Disability, Accommodations, and Leaves, Discrimination and Harassment|Tags: ADA, Impairment, Regarded As|Comments Off on Seventh Circuit Joins Other Federal Appeals Courts by Ruling That Even “Extreme” Obesity Must Have a Physiological Cause To Trigger ADA Protection

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Second Circuit in Natofsky v. NYC Joins Several Other Federal Appeals Courts in Holding That “But-For” Standard Applies to Discrimination Claims Brought Under the ADA

In an issue of first impression before it, the U.S. Court of Appeals for the Second Circuit has ruled that

By Rae Vann|2019-05-17T15:31:41-05:005/17/2019|Categories: Disability, Accommodations, and Leaves, Discrimination and Harassment|Tags: ADA, Adverse Action, Disability|Comments Off on Second Circuit in Natofsky v. NYC Joins Several Other Federal Appeals Courts in Holding That “But-For” Standard Applies to Discrimination Claims Brought Under the ADA

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NT Lakis’s Brief to the Eighth Circuit in Harris v. Union Pacific Argues That Lower Court Erred in Certifying ADA Class Action

NT Lakis has filed a friend-of-the-court brief with the U.S. Court of Appeals for the Eighth Circuit in a case

By Rae Vann|2020-09-21T13:54:28-05:005/17/2019|Categories: Disability, Accommodations, and Leaves, Discrimination and Harassment|Tags: ADA, Adverse Action, Amicus Brief, Disability, Medical Examinations and Inquiries|Comments Off on NT Lakis’s Brief to the Eighth Circuit in Harris v. Union Pacific Argues That Lower Court Erred in Certifying ADA Class Action

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Eleventh Circuit in Lewis v. City of Union City Weighs in on Interpretation of Key Title VII Term “Similarly Situated,” Illustrating Lack of Consensus Among Federal Courts as To How To Define It

Under Title VII of the Civil Rights Act of 1964 (Title VII), plaintiffs typically prove their cases using circumstantial evidence.

By D'Ontae Sylvertooth|2019-05-05T21:57:57-05:005/5/2019|Categories: Discrimination and Harassment|Tags: ADA, ADEA, Discrimination, EEOC, Title VII|Comments Off on Eleventh Circuit in Lewis v. City of Union City Weighs in on Interpretation of Key Title VII Term “Similarly Situated,” Illustrating Lack of Consensus Among Federal Courts as To How To Define It

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Revised Opinion by Fifth Circuit in Nall v. BNSF Cures Problematic Portion of Prior ADA “Direct Threat” Ruling

Last December, a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued a troubling opinion

By Rae Vann|2019-04-28T22:23:47-05:004/28/2019|Categories: Disability, Accommodations, and Leaves, Discrimination and Harassment|Tags: ADA, Disability, Discrimination|Comments Off on Revised Opinion by Fifth Circuit in Nall v. BNSF Cures Problematic Portion of Prior ADA “Direct Threat” Ruling

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Second Circuit Joins Other Federal Appeals Courts in Ruling That the ADA Explicitly Permits “Hostile Work Environment” Claims

The U.S. Court of Appeals for the Second Circuit ruled recently that a qualified individual with a disability could bring

By Chase Woodley|2019-04-14T21:39:37-05:004/14/2019|Categories: Disability, Accommodations, and Leaves|Tags: ADA, Hostile Work Environment|Comments Off on Second Circuit Joins Other Federal Appeals Courts in Ruling That the ADA Explicitly Permits “Hostile Work Environment” Claims

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