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Ogletree Deakins | USA | 4 Nov 2013

Employer faces ADAFMLA conundrum and wins summary judgment

In an unpublished opinion issued on October 8, 2013, Owens v. Calhoun County School District, No. 12-60897, the Fifth Circuit Court of Appeals


Ogletree Deakins | USA | 10 Jul 2013

Disabled employee unable to perform essential functions of job despite accommodation

In an unpublished opinion, the Sixth Circuit Court of Appeals recently held that an employee who was unable to complete the functions of her job


Ogletree Deakins | USA | 26 Apr 2013

Does partial deafness constitute a disability under the ADAAA? The question remains unanswered

A federal court in Pennsylvania recently dismissed a lawsuit filed by a female newspaper page designer who claimed that she was laid off because of


Ogletree Deakins | USA | 30 Jan 2013

Permanent “light-duty” position not reasonable accommodation for disabled employee under the ADA

In an unpublished opinion, the Sixth Circuit Court of Appeals recently upheld the dismissal of a case in favor of an employer who refused to convert


Ogletree Deakins | USA | 21 May 2012

Company’s wording of termination letter, which mentioned employee’s disability leave, was direct evidence of discrimination

“Direct evidence” is evidence that, if believed, leads to the conclusion that discrimination was at least one motivating factor in an adverse employment action.


Ogletree Deakins | USA | 19 Dec 2011

OFCCP’s proposed revisions to regs require increased obligations and affirmative action regarding disabled individuals

Section 503 of the Rehabilitation act of 1973, as amended, prohibits employment discrimination by federal government contractor and subcontractor employers against individuals with disabilities.


Ogletree Deakins | USA | 1 Aug 2011

GINA prohibits financial incentives as inducement to provide genetic information as part of employee wellness program

The Genetic Information Nondiscrimination Act generally prohibits employers from requesting, requiring, or purchasing genetic information.


Ogletree Deakins | USA | 13 Dec 2010

Plaintiff must request an accommodation that allows him to perform the essential functions of the job in order to support ADA claim

A medical resident with Asperger's Disorder was unable to meet his burden, in his ADA lawsuit against his hospital employer, that he was "otherwise qualified" for his position.


Ogletree Deakins | USA | 13 Sep 2010

Under the ADAAA, individual in remission from a disabling condition does not have to be “substantially limited” at the time of complained-of adverse action

The ADA Amendments Act of 2008 (ADAAA) clarified the ADA in a number of ways.


Ogletree Deakins | USA | 27 Apr 2010

Third Circuit says accommodation may include shift change that assists with commute to work

In an unusual case of first impression, the 3d U.S. Circuit Court of Appeals has held that under certain circumstances, the ADA may obligate an employer to accommodate an employee’s disability-related difficulties in getting to work.

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