At the end of September, the U.S. 7th Circuit Court of Appeals (which covers Illinois, Indiana, and Wisconsin), outlined—for the first time—the test for analyzing disability-based interference claims under the Rehabilitation Act and the Americans with Disabilities Act (ADA).
Tag: Circuit Court
“Peter,” a senior information technology (IT) director of a retail order fulfillment company, was terminated when his position was eliminated in an IT department restructuring. Was the CEO’s statement that the company wanted a “new face” enough for Peter to establish direct evidence of age discrimination?
Recently, the U.S. 3rd Circuit Court of Appeals—which covers Delaware, New Jersey, and Pennsylvania—ruled that to establish a claim of workplace harassment under the civil rights statute known as Section 1981, the discrimination need only be “severe or pervasive,” which can be satisfied by a single racial slur when it’s so extreme that it “amount[s] […]
According to a recent ruling, discrimination based on sexual orientation is not currently prohibited by federal employment law. The 7th U.S. Circuit Court of Appeals said it was bound by its own precedent to this effect and that only intervention by Congress or the U.S. Supreme Court could change it.
By Steve Jones, JD, Jack Nelson Jones & Bryant, P.A The U.S. 8th Circuit Court of Appeals—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—recently considered a former employee’s Family and Medical Leave Act (FMLA) discrimination claims.
By Jenie Van Hampton, JD A recent case decided by the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin—provides helpful guidance for addressing “regarded as” disabled claims brought under the Americans with Disabilities Act (ADA).
By Teresa Shulda, JD Sometimes it seems obvious that certain jobs require certain abilities. For example, pilots must have good vision to fly planes. And firefighters must be physically able to rescue people from burning buildings. But with other jobs, the job qualifications aren’t so obvious. That means the interactive dialogue between employers and employees […]
By Mika Shadid Tucker, JD You must carefully consider the timing when you execute certain employment decisions that affect an employee who recently exercised her FMLA leave rights. Implementing a previously contemplated adverse employment action isn’t discrimination as long as the FMLA leave wasn’t a motivating factor.
By Richard J. Morgan, JD One of the challenging situations faced by HR professionals and the employers they work for is the differing standards under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). Considering one of the laws without an analysis of the other and its effect on employment […]
By Martin J. Regimbal, JD The U.S. 5th Circuit Court of Appeals—which covers Texas, Louisiana and Mississippi–recently addressed the interplay between the Genetic Information Nondiscrimination Act (GINA) and mandatory wellness programs. The court considered an employee’s discrimination and retaliation claims and reached a commonsense conclusion regarding the lawfulness of mandatory wellness programs.