Be Careful Not to Cut Off the Interactive Accommodation Review Process Too Quickly By Fiona W. Ong, Shawe Rosenthal LLP (Lexology Blog, August 31, 2022) “Just as an employee may not terminate the interactive process quickly to create liability, so…

Can Non-Employers Be Sued for Interference with an Employee’s ADA Rights? By Shawe Rosenthal LLP (Lexology Blog, August 31 2022) Addressing this “novel” question, the U.S. Court of Appeals for the Sixth Circuit answered: No. However – be careful –…

Discrimination Against Job Applicants and Employees with Opioid Use Disorder The opioid epidemic has greatly impacted individuals from all walks of life throughout the United States. In an effort by WorkSaver to keep employers advised on current regulations dealing with…

Evaluating COVID-19 as a Disability Under the ADA By Spilman Thomas & Battle PLLC In December 2021, the Equal Employment Opportunity Commission (“EEOC”) updated its guidance, clarifying that COVID-19 may qualify as a disability under the American with Disabilities Act…

Use of Artificial Intelligence (AI) Tools by Employers Can Violate the Americans with Disabilities Act In a story reported by the Washington Post, HireVue’s artificial intelligence (AI) software was found to have assessed over a million video job interviews. Its…

What is Discrimination Under Federal Law? By Robin Shea, Constangy Brooks Smith & Prophete LLP March 25, 2022 Just about everybody, whether they are an employer or not, knows that it is against the law to unfairly “discriminate” against an…

Determining Reasonable Accommodations in Disability Discrimination Cases – Impact of State Law It is generally accepted that the threshold element of a claim for disability discrimination is that the plaintiff has a “disability” as defined by ADA and is able…

Excusing Unpredictable Attendance Is Not a Reasonable Accommodation By Fiona W. Ong, Shawe Rosenthal LLP Although some employers may feel like they have to tolerate a lot as a reasonable accommodation under the Americans with Disabilities Act, one thing that…

Requests for Medical Records Under the ADA From Shawe Rosenthal LLP The Americans with Disabilities Act governs employers’ ability to make medical inquiries of employees, including requests for medical records. And where the ADA permits employers to make such inquiries,…

Clark v. Champion National Security, Incorporated (No. 18-11613, January 14, 2020) is the Fifth Circuit’s latest statement on whether the Americans with Disabilities Act (the “ADA”) requires an employer to excuse terminable misconduct—here, sleeping on the job—based on an employee’s…