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Despite the lack of a clear causal connection between an employer’s failure to grant an employee’s request for additional training and its decision to terminate her employment, an Arkansas federal district court recently denied the employer’s summary judgment motion on the plaintiff’s failure to accommodate claim under the Americans with Disabilities Act. In denying summary…

In Bethscheider v. Westar Energy, the United States District Court for the District of Kansas denied Defendant’s motion to dismiss claims under the Americans with Disabilities Act (“ADA”).  Alleged by Plaintiff was that her migraine headaches constituted a disability entitling her to a reasonable accommodation.  The Company terminated Plaintiff for “excessive absenteeism” despite the…

A Texas Judge issued a nationwide preliminary injunction yesterday preventing the DOL from implementing or enforcing its regulation raising the salary level for the white collar exemptions.  An article discussing the case and the impact is posted on our website.  Here is the link: http://www.jacksonlewis.com/publication/texas-court-grants-nationwide-preliminary-injunction-enjoining-department-labor-implementing-or-enforcing-regulation.  

We are holding a webinar on Monday at 12:00 …

Jackson Lewis Principal Dean Falavolito and Associate Joanna Rodriguez recently won a defense verdict for a Pittsburgh non-profit organization in a lawsuit claiming religious discrimination in violation of Title VII of the Civil Rights Act of 1964 and the Pennsylvania Human Relations Act.    The client was insured by Employment Practices Liability Insurance (“EPLI”).

In the …

The U.S. Court of Appeals for the Eleventh Circuit recently rejected a claim that applicants  can sue for disparate impact under the federal Age Discrimination in Employment Act (ADEA).  Villarreal v. R.J. Reynolds Tobacco Company, et al., 2016 U.S. App. LEXIS 18074 (Oct. 5, 2016).

The plaintiff alleged that R.J. Reynolds Tobacco Company’s recruiting …

The U.S. District Court for the Southern District of New York recently granted an employer’s motion for summary judgment dismissing wrongful termination claims. Cruz v. Wyckoff Heights Med. Ctr., No. 13 Civ. 8355 (S.D.N.Y. Sept. 23, 2016).  In Cruz,  plaintiff used intermittent leave under the Family and Medical Leave Act (“FMLA”) for ulcerative…