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