Interesting claims have started to emerge nearly 10 months into the COVID-19 pandemic as the number of COVID-19-related employment complaints filed approaches 1,000. For a detailed analysis, please see our colleagues’ article by clicking here.
Case Law update
Tenth Circuit: No Adverse Action Necessary to Prove a Violation of the ADA’s Accommodation Requirements
The Tenth Circuit recently held that a disabled employee was not required to show that she suffered a separate adverse employment action to establish a failure to accommodate claim under the American’s with Disabilities Act (ADA). Exby-Stolley v. Board of County Commissioners. Plaintiff alleged that the employer failed to accommodate her physical limitations, which…
California 2020 Mid-Year Legal Update This Wednesday July 29
The legal landscape has changed radically since the start of 2020. While COVID-19 has profoundly impacted the Golden State, and the world, new employment laws are still driving change for California employers.
Join Jackson Lewis P.C. on Wednesday July 29 at 10:00 a.m. PST for a mid-year employment law webinar, where we will share critical…
Supreme Court Rules Title VII Protects LGTBQ+ Employees From Employment Discrimination
In a landmark ruling, the United States Supreme Court ruled that LGTBQ+ employees are protected from workplace discrimination under Title VII of the Civil Rights Act of 1964. An article by our colleagues discussing the case and its implications can be read here. A copy of The Court’s decision can be accessed here.
Second Circuit: Migraines Insufficient to Support a Disability Under the ADA
The Second Circuit recently held that an employer did not violate the Americans with Disabilities Act when it refused to transfer, and then terminated, an employee because of his inability to perform his job due to migraines caused by the stress of his job. Woolf v. Strada. In this case, Plaintiff began to suffer migraines…
Employee’s Electronic Acknowledgement of Arbitration Agreement Sufficient
Although the Federal Arbitration Act (“FAA”) places arbitration agreements on the same footing as any other contract and generally precludes state laws banning mandatory arbitration, employers must ensure that their arbitration agreement are enforceable contracts – an issue governed by state law.
In Taylor v. Dolgencorp, LLC, an employer sought to compel arbitration of claims…
The ADA Does Not Cover the Possibility of Future Disabilities
The Seventh Circuit Court of Appeals recently ruled that the American with Disabilities Act (“ADA”) does not protect an applicant who later may become impaired. In this instance, a worker applied for a position that would have required him to perform “safety-sensitive” tasks. After he was extended a conditional offer of employment, Plaintiff was required…
The Supreme Court Asks DOJ for Input on the Scope of Title VII
Recently, the United States Supreme Court invited the U.S. Solicitor General of the Department of Justice to weigh in on a petition to revive the discrimination case of Peterson v. Linear Controls Inc. David Peterson, a former Linear Controls electrician, asked the Supreme Court to overturn the Fifth Circuit decision that held more difficult working…
Job Descriptions Must Accurately Reflect True Job Duties
A recent case from a federal court highlights the importance of accurate job descriptions. In Wiggins v. City of Montgomery, Plaintiff applied for a promotion to the position of Revenue Examiner on three occasions over an eight-year period, most recently in 2015, and was denied each time. At issue was the job description’s requirement…
Second Circuit Issues Another Arbitration-Friendly Decision
On September 19, 2019, the Second Circuit issued a key pro-arbitration decision, which also decided issues of first impression about the Dodd-Frank Act (“DFA”) and the Sarbanes-Oxley Act (“SOX”). Daly v. Citigroup Inc. et al.
Plaintiff brought claims for gender discrimination and whistleblowing under multiple federal, state and local statutes, including Title VII, the…