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651 results found

Article

Jackson Lewis PC | USA | 19 Nov 2018

No Adverse Employment Action, No Failure-to-Accommodate Claim, Tenth Circuit Rules

The Americans with Disabilities Act (“ADA”) includes within its definition of “discriminate,” an employer’s failure to provide a reasonable

Article

Seyfarth Shaw LLP | USA | 24 May 2018

Leave It To California - Post FMLACFRAPDL Leave and FEHA

When must an employer provide leave time in addition to FMLACFRA-type leave as a reasonable accommodation? The answer to that question, as with many

Article

State Bar of Wisconsin | USA | 4 May 2018

Supreme Court Acquiesces: Extended Leave Not Reasonable Accommodation Under ADA

A recent U.S. Supreme Court Order leaves intact the Seventh Circuit’s holding that “reasonable accommodation” is limited to measures that enable a person to work under the Americans with Disabilities Act. David McClurg discusses the case, the Order, and its implications for employers...

Article

Vinson & Elkins LLP | USA | 10 Apr 2018

“Stark and Abrupt Change” Required for Constructive Notice in FMLA Cases

Many employers ignore the multitiered notice requirements of the Family Medical Leave Act (“FMLA”) (an issue that I will discuss in a future post)

Article

Barnes & Thornburg LLP | USA | 5 Apr 2018

Accommodate Much? Restrictive Seventh Circuit Leave Ruling Lives On

Letter of the Law: A Revival! No employment lawyer worth her salt would choose anything other than “Accommodation” for the Letter A. And so it begins

Article

Hogan Lovells | USA | 4 Apr 2018

Supreme Court Passes on ADA Leave Question, For Now

We blogged in February about two Seventh Circuit cases pending before the Supreme Court that would have given the Court the opportunity to provide

Article

Jackson Lewis PC | USA | 4 Apr 2018

Supreme Court Declines to Review Seventh Circuit Case Finding Extended Leave of Absence Is Not a Reasonable Accommodation

The United States Supreme Court declined to review a decision from the Seventh Circuit Court of Appeals that held a two-to-three month leave of

Article

Jackson Lewis PC | USA | 21 Mar 2018

FMLA And ADA Claims Put To Bed Where Employer Did Not Know Employee Had Sleep Apnea At The Time Her Employment Was Terminated.

Sometimes what you don’t know can help you. In Guzman v. Brown County, a 911 Dispatcher who was fired after being late repeatedly had her FMLA

Article

Jackson Lewis PC | USA | 6 Mar 2018

Continued Focus on Disability, Leave Management Issues in 2018

With the New Year fading from view in the rearview mirror and spring on the horizon (at least for those of us in the Midwest), there are several signs

Article

Hogan Lovells | USA | 20 Feb 2018

Supreme Court May Take Up Tricky ADA Leave Issue

Suppose that an employee with cancer has exhausted 12 weeks of unpaid leave under the Family and Medical Leave Act (FMLA) but needs more time to

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