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312 results found

Article

Dykema Gossett PLLC | USA | 29 May 2012

Sixth Circuit overturns longstanding Americans with Disabilities Act precedent, establishes “but-for” standard for proving violations

On Friday, May 25, 2012, the United States Court of Appeals for the Sixth Circuit issued its opinion in Lewis v. Humboldt Acquisition Corp., in which it overturned seventeen years’ worth of decisions requiring a plaintiff alleging discrimination under the Americans With Disabilities Act (“ADA”) to show that their disability was the “sole” reason for an adverse employment action taken against them.

Article

Mintz | USA | 18 Oct 2011

Leaves of absence as religious accommodation

We previously wrote about the EEOC’s increasingly aggressive position against inflexible leave of absence policies that provide for automatic termination of employment when an employee does not or cannot return to work at the end of a specified maximum leave period, such as when the employee has exhausted available FMLA leave.

Article

Kelley Drye & Warren LLP | USA | 3 Oct 2011

Pregnancy complication is not a substantial limitation on a major life activity under the ADA

Beverly Healthcare hired Victoria Seredynj as activity director at its Golden Living nursing home in Valparaiso, Indiana in 2006.

Article

Epstein Becker Green | USA | 16 Sep 2011

New York City raises the bar for employers to show 'undue hardship' in addressing employees' religious accommodation

New York City employers take note: under the New York City Human Rights Law (“NYCHRL”), it is now considerably more difficult for employers to establish “undue hardship” in the context of denying an employee’s request for a reasonable accommodation due to his or her religious observance or practice.

Article

Porter Wright Morris & Arthur LLP | USA | 18 Mar 2011

Cat's paw declawed in Sixth Circuit ADA cases?

Yesterday, a panel of the Sixth Circuit announced its decision in Lewis v. Humboldt Acquisition Corp, an ADA case in which the court upheld the position of prior panels requiring an ADA plaintiff to establish that his or her disability was the “sole reason” motivating an adverse employment action.

Article

Sheppard Mullin Richter & Hampton LLP | USA | 8 Feb 2010

A company's shifting reasons for an employment decision can hurt the company's defense

A San Diego federal district court recently provided guidance on what constitutes an "adverse employment action" and how an employer's shifting reasons for its actions may affect a discrimination case.

Article

Foley & Lardner LLP | USA | 29 Jan 2009

Lilly Ledbetter Fair Pay Act

On Thursday, Jan. 29, 2009, President Obama signed an act into law that many business leaders are concerned will lead to an explosion of employment discrimination litigation.

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