Shaw Valenza LLP • July 29, 2015
Timothy Mayo was a welder. He made some specific threats to kill certain supervisors at his employer, PCC Structurals, Inc. Co-workers complained. The company sent him home. The police visited him and he checked into a hospital. The company terminated his employment.
Goldberg Segalla LLP • July 20, 2015
A case currently pending before the Eighth Circuit will address whether ADA protections should extend to obese workers. With more than 2/3 of the US adult population considered overweight, recognition of obesity as a disability under the ADA – defined as physical or mental impairment that substantially limits major life activities – will result in accommodations and protections in unprecedented numbers.
FordHarrison LLP • July 02, 2015
The intentional crash of Germanwings flight 9525 by an apparently mentally ill pilot into the French Alps this March shocked and distressed not just the millions of people who fly each day, but also the millions of responsible employers who strive to provide safe workplaces for their employees. In "Mental Health Issues in the Workplace – A Global Perspective," FordHarrison partner Sarah Pierce Wimberly discusses the difficulties involved in monitoring employees' mental health while balancing the compelling, but competing, duties to provide a safe workplace and protect employee confidentiality. For multinational employers, these difficulties are compounded by differing laws in the jurisdictions in which they do business. The article compares the obligations imposed by U.S. law to those imposed by laws in the U.K. and Germany, incorporating insight from Ius Laboris member firms in those countries. The article was published by Corporate Counsel magazine and is available on the In Depth Analysis page of the FordHarrison website.
Franczek Radelet P.C • June 04, 2015
In recent weeks, we have seen a surge in Illinois of private plaintiff lawsuits filed under the public accommodation provisions of the Americans with Disabilities Act of 1990 (ADA). Public accommodation lawsuits have been common for nearly a decade in some states, such as California and Florida, but these cases have been filed with increasing frequency in Illinois and other states.
FordHarrison LLP • April 23, 2015
Executive Summary: Reversing an earlier panel decision, the Sixth Circuit has held that an employee who was unable to regularly and consistently attend work was not a qualified individual with a disability under the Americans with Disabilities Act (ADA) because her excessive absences prevented her from performing the essential functions of her job. Accordingly, the employer was not required to permit her to telecommute because doing so would excuse her from performing one of the essential functions of her job and, thus, was not a reasonable accommodation. See EEOC v. Ford Motor Company, (April 10, 2015).
Ogletree Deakins • April 21, 2015
An employee who was fired after asking to be reassigned to a role with less direct personal interaction as an accommodation for her social anxiety disorder has been allowed by the Fourth Circuit Court of Appeals to take her case to a jury. Jacobs v. N.C. Administrative Office of the Courts, No. 13-2212 (March 12, 2015).
Constangy, Brooks, Smith & Prophete, LLP • April 17, 2015
Inquiring minds want to know!
Ogletree Deakins • April 16, 2015
On April 10, 2015, the Sixth Circuit Court of Appeals issued its long-awaited en banc decision in Equal Employment Opportunity Commission v. Ford Motor Company following a vacated panel decision from April 2014 in which a divided panel had reversed a district court’s summary judgment award in Ford’s favor.
Franczek Radelet P.C • April 15, 2015
Courts have repeatedly recognized that “regular job attendance” is an essential function of most jobs that need not be altered in order to reasonably accommodate a disabled employee. This common sense notion, however, has come under increasing scrutiny given the technological advancements that have made telecommuting and other remote working arrangements routine in many workplaces.
Constangy, Brooks, Smith & Prophete, LLP • April 15, 2015
Last Friday, the full U.S. Court of Appeals for the Sixth Circuit found in favor of Ford Motor Company in a disability discrimination lawsuit brought by the Equal Employment Opportunity Commission. The decision is a big win for Ford, and for all employers.