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Fenwick & West LLP | USA | 16 May 2014

Disability accommodation through telecommuting more reasonable in modern workplace

In EEOC v. Ford Motor Company, the federal Sixth Circuit appellate court (covering Kentucky, Michigan, Ohio, and Tennessee) recently held that


Fenwick & West LLP | USA | 13 Mar 2013

California Court of Appeal significantly expands pregnancy leave rights

In a case of first impression, a California Court of Appeal has applied the California Fair Employment and Housing Act ("FEHA") to significantly


Fenwick & West LLP | USA | 15 Jan 2013

New pregnancy and disability regulations for California employers

Effective December 30, 2012, California employers are subject to the new administrative regulations governing disabilitiesincluding those


Fenwick & West LLP | USA | 10 Nov 2011

Frequently absent employee fails to establish disability discrimination

In Colon-Fontanez v. Municipality of San Juan, the federal First Circuit Court of Appeals upheld summary judgment in the employer's favor on the employee's claims of disability discrimination.


Fenwick & West LLP | USA | 13 May 2011

Employer may lawfully terminate employee for disability-caused threats of violence toward coworkers

In Wills v. Superior Court of Orange County, a California appellate court considered the case of Linda Wills, a long-time employee of the Orange County Superior Court who suffers from bipolar disorder that subjects her to depressive and manic episodes.


Fenwick & West LLP | USA | 11 Aug 2010

Employer had no duty to accommodate employee on prolonged leave who never requested accommodation or return to work

In Milan v. City of Holtville, a California court of appeal held that an employee on a lengthy workers' compensation leave cannot assert a failure to accommodate disability claim where the employee never requested an accommodation or otherwise indicated she wanted to continue working.


Fenwick & West LLP | USA | 11 Aug 2010

Employer may require preemptive fitness for duty exam under ADA, without decline in employee's job performance

In Brownfield v. City of Yakima, a police officer was terminated for refusing to submit to a fitness for duty exam after being involved in an off-duty accident.


Fenwick & West LLP | USA | 12 May 2010

HIV-positive manager may bring claim under amended ADA

In one of the first reported cases applying the ADA Amendments Act, which took effect on Jan. 1, 2009, a district court in Northern Illinois held in Horgan v. Simmons that an employee who was fired a day after disclosing his HIV-positive status to the president of his company could pursue a claim for discrimination and impermissible medical inquiry claims under the amended Americans with Disabilities Act.


Fenwick & West LLP | USA | 10 Feb 2010

No mixed motive claims under ADA

Plaintiffs may not bring discrimination claims under the federal Americans with Disabilities Act ("ADA") unless the plaintiff’s disability is the "but for" cause of the challenged action, according to the Seventh Circuit Court of Appeals (covering Illinois, Indiana, and Wisconsin).

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