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753 results found


Masuda Funai Eifert & Mitchell Ltd | USA | 12 Sep 2018

Ninth Circuit Rules that Requiring Disabled Job Applicant to Pay for Post-Offer MRI Violates the ADA

Consider this scenario: Your team previously interviewed a job applicant for an open position at your company. The applicant was intelligent


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


Jackson Lewis PC | USA | 9 Feb 2017

Weighty Issues: Obesity And The But-For Test Under The ADAAA

Obesity is still a hot topic both in our health conscious culture and in our courtrooms where we continue to see ADAAA claims based on the notion that


Ogletree Deakins | USA | 10 Nov 2016

Does the ADA Protect a Customer Service Agent With Dissatisfied Customers? The Ninth Circuit Says No

The Ninth Circuit Court of Appeals recently ruled against a failure-to accommodate claim brought by a customer service employee who was fired for


Ogletree Deakins | USA | 8 Nov 2016

Ninth Circuit Creates Bright-Line Rule, Finds Those Who Cannot Sit for More Than Four Hours Cannot Perform Sedentary Jobs

When applying de novo review to a claim for disability benefits under a group disability policy governed by the Employee Retirement Income Security


Lane Powell PC | USA | 7 Nov 2016

ERISA (9th Circuit): How Long Can a Sedentary Person Sit? You Better Check the Dictionary of Occupational Titles

So how do you define "sedentary work"? Can you define it by using a Functional Capacity Assessment? Can you disregard the Dictionary of Occupational


Ogletree Deakins | USA | 1 Sep 2016

Ninth Circuit Finds ADA Claims Brought by Employee With Cerebral Palsy Can Go Forward

Facially neutral decisions that are part of routine workforce reductions may not hold up in court if the only employee to be discharged in a group


Ogletree Deakins | USA | 31 Aug 2016

Ninth Circuit Issues Pro-Employer and Pro-Union Ruling Against Worker With a Long History of Harassing Comments

In a recent decision, the Ninth Circuit Court of Appeals affirmed a district court’s grant of summary judgment in favor of the defendants in a case


Epstein Becker Green | USA, European Union | 18 Jul 2016

Employment Law This Week: Password Sharing, Organizing Mixed Units, Mental Health Accommodations, Privacy Shield

The Ninth Circuit says unapproved use of a former co-worker’s password can be criminal. An ex-recruiting firm employee used a current worker's


Mayer Brown | USA | 5 Jul 2016

Ninth Circuit Throws a Wrench in “Cash-in-Lieu of Benefits” Payments

In Flores v. City of San Gabriel, the plaintiff filed a putative collective action under the Fair Labor Standards Act (FLSA) alleging that the city’s

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