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Posts tagged "Reasonable Accommodation"

Morrissey v. Laurel Health Care Co., No. 18-1704 (6th Cir. Dec. 3, 2019)

Some courts are still ruling on ADA cases as if the 2008 amendments never occurred. The Sixth Circuit reverses summary judgment in a case where the district court placed too high a burden on the plaintiff to prove she was disabled.

Ford v. Marion County Sheriff's Office, No. 18-3217 (7th Cir. Nov. 15, 2019)

The Seventh Circuit's opinion contains useful guidance for employees suffering disability discrimination and harassment. One key takeaway: plaintiffs should not be quick to assume - in charging, pleading and proving a hostile-work-environment claim - that harassment always constitutes one continuing violation. "[A] substantial passage of time without incident known to the employer, a change in the employee's supervisors, [or] an intervening remedial action by the employer" may break the chain.

Booth v. Nissan N. Am., Inc., No. 18-5985 (6th Cir. June 7, 2019)

Here's a cautionary tale from the Sixth Circuit about disabilities discrimination: just because an employee is medically restricted in some aspect of their job does not automatically translate into a covered "disability" for purposes of the ADA. The court affirms summary judgment here, holding that the ADA Amendments Act of 2008 ("ADAAA") - while it liberalized other parts of the statute - did not change the definition of "working" as a "major life activity."

J.D. v. Colonial Williamsburg, No. 18-1725 (4th Cir. May 31, 2019)

While somewhat out of the lane of employment law, this Title III ADA case - about whether a restaurant ought to have accommodated a parent's request to allow a child to bring his own food on a field trip - has some good general lessons for disability-discrimination law.

EEOC v. McLeod Health, Inc., No. 17-2335 (4th Cir. Jan. 31, 2019)

As often as discrimination cases turn on hostility towards protected-class employees, it pays to remember that the same laws apply no less to discrimination motivated by other reasons, such as misguided paternalism. Here, the Fourth Circuit sends a case back for a trial where a hospital believed that 28-year-veteran employee could no longer safely navigate its campus.

Exby-Stolley v. Bd. of Cnty. Comm'rs, No. 16-1412 (10th Cir. Oct. 11, 2018)

The Tenth Circuit produces a clear circuit split on an issue now poised for Supreme Court review: must a ADA plaintiff challenging an employer's failure to reasonably accommodate a disability prove an adverse employment action? The panel splits two-to-one on this issue, in favor of the employer.

EEOC v. Dolgencorp, LLC, No. 17-6278 (6th Cir. Aug. 7, 2018)

The Sixth Circuit affirms a jury award in an ADA case of $27,565 in back pay and $250,000 in compensatory damages, awarded to a dollar-store clerk who was fired for grabbing orange juice from the store fridge twice during diabetic episodes. The panel notes, among other things, that the failure to provide a reasonable accommodation can itself be direct evidence of discrimination.

Mosby-Meachem v. Memphis Light, Gas & Water Div., No. 17-5483 (6th Cir. Feb. 21, 2018)

The Sixth Circuit affirms a jury verdict for an in-house lawyer in Tennessee, including $92,000.00 in compensatory damages and $18,184.32 in backpay. The court holds that the jury could have found that the employer violated the Americans with Disabilities Act (and state law) duty to accommodate, by failing to allow a ten-week period of telecommuting during the lawyer's pregnancy bedrest.

Fallon v. Mercy Catholic Med. Ctr., No. 16-3573 (3d Cir. Dec. 14, 2017)

In a rare federal court of appeals opinion in this area, the Third Circuit has occasion to decide whether a hospital employee manifested a religious (versus an ethical) objection to getting a flu shot that would be protected by Title VII's religious-accommodation provision, 42 U.S.C. § 2000e(j).

EEOC v. St. Joseph's Hospital, Inc., No. 15-14551 (11th Cir. Dec. 7, 2016)

Courts are split over whether, under the ADA, employers who are able to reassign incumbent employees to accommodate their disabilities must do so outside of a normal competitive, "best-qualified" application process. The Eleventh Circuit this week joined the fray, holding that employers do not need to abandon a so-called "best-qualified" policy for filling vacancies, even as a reasonable accommodation.

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