No Crystal Ball for the ADA: Future Disabilities Not Protected Under Act

On October 29, 2019, a panel of Seventh Circuit Appellate Court Judges held that the Americans with Disabilities Act (ADA) does not cover alleged discrimination based on future impairments. Shell v. Burlington N. Santa Fe Ry. Co., No. 19-1030, 2019 WL … Continue reading

Posted in ADA, Discrimination, Snell & Wilmer | Tagged , ,

Share this Article:

Let’s Get Out of the Weeds: Understanding Arizona’s Medical Marijuana Laws

Can an employer terminate the employment of a medical marijuana cardholder who tests positive after a work-related injury? A recent decision tackles this question and represents a first look at the legal issues under Arizona’s medical marijuana law. Employers and their … Continue reading

Posted in Arizona, Discrimination | Tagged , , , ,

Share this Article:

Q1 2019 Workplace Word – Out Now!

The first edition of the Workplace Word for 2019 has been published! In this edition, we take a look at three critical issues for employers during the hiring process – Form I-9 Compliance; Disability Inclusion and ADA Compliance; and What Not … Continue reading

Posted in ADA, Discrimination, Hiring, Immigration, Snell & Wilmer | Tagged , , , , , , , , , ,

Share this Article:

100 Percent Healed Policies – One of the EEOC’s Enforcement Priorities

The U.S. Equal Employment Opportunity Commission (“EEOC”) is cracking down on employers for maintaining leave policies that the EEOC deems a violation of the Americans with Disabilities Act (“ADA”). These so-called “100 percent healed” policies require an employee returning from medical … Continue reading

Posted in ADA, EEOC, Reasonable Accommodation | Tagged , , ,

Share this Article:

In-House Counsel Tool Kit: Employment Law Update

A common observation from in-house attorneys is that, unlike those in private practice, many lack the luxury of being able to focus on a specific area of law. Rather, they are often expected to understand and provide legal advice on … Continue reading

Posted in ADA, Discrimination, FLSA, FMLA | Tagged , , , , ,

Share this Article:

Warning: Risk of ADA Claims by Transgender Employees…Proceed With Caution

If an employee identifies as transgender, employers may want to engage in the interactive process with the employee to protect themselves against potential claims for disability discrimination under the Americans with Disabilities Act (“ADA”). But why, when the ADA specifically … Continue reading

Posted in ADA, Discrimination, Transgender | Tagged , , , , , , ,

Share this Article:

1 Reminder: Leave Can Be an ADA Reasonable Accommodation — Due in: Now

On February 1, the U.S. Equal Employment Opportunity Commission filed a lawsuit alleging that Tennessee-based West Meade Place LLP violated the Americans with Disability Act (“ADA”) when it denied an employee’s requested leave as a reasonable accommodation for her anxiety … Continue reading

Posted in ADA, EEOC, FMLA, Reasonable Accommodation | Tagged , , , , ,

Share this Article:

7th Circuit Deals a Blow to the EEOC’s Extended Leave as a Reasonable Accommodation Position

The EEOC’s position that extended leave may be a reasonable accommodation under the Americans with Disabilities Act (“ADA”) has long frustrated employers who are left without much guidance to determine what is “reasonable.” According to the EEOC, this could be … Continue reading

Posted in ADA, EEOC, Reasonable Accommodation | Tagged , , ,

Share this Article: