Searching Content by Erin Dougherty Foley ordered by Published Date Descending.
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7th Circuit Rules That Extreme Obesity Is Not An ADA Impairment (At Least On These Facts)
We have blogged previously about obesity in the workplace.
United States
12 Jul 2019
Use It Or Lose It: Supreme Court Rules That Failure To Exhaust Defense Must Be Prompt
Seyfarth Synopsis: New decision from the Supreme Court ruled that Title VII's requirement that plaintiffs file with the EEOC or other state agencies is a non-jurisdictional claim-processing rule,
United States
25 Jun 2019
It's Not A Choice – The DOL Emphasizes That Employers Must Designate FMLA Leave When It Applies
Seyfarth Synopsis: The Department of Labor issues an opinion letter clarifying that employers must promptly designate FMLA leave, regardless of the availability of paid leave.
United States
5 Apr 2019
What's Happening?? Recent Changes To The Illinois Human Rights Act
Seyfarth Synopsis: A number of changes have been made (and proposed amendments are being considered) to the Illinois Human Rights Act ...
United States
7 Mar 2019
Rumor Has It–Workplace Gossip About Female "Sleeping Her Way To The Top" Could Be Sex Discrimination
According to the 4th Circuit, a female employee who was subjected to false rumors that her promotion was a result of sleeping with the boss can levy her claim for sex-based discrimination against her employer.
United States
26 Feb 2019
Driving Blindfolded: EEOC Withdraws Guidance On Wellness Programs
Seyfarth Synopsis: Effective January 1, 2019, the EEOC withdrew its prior guidance on the level of incentives employers may offer their employees ...
United States
18 Feb 2019
Clarity On The Illinois Biometric Privacy Act, The Supreme Court Weighs In
Following an opinion by the Illinois Supreme Court, the 9th Circuit will discuss the Illinois Biometric Privacy Act issue — whether the Act requires class plaintiffs to show that they suffered actual harm in order to seek statutory damages and injunctive relief.
United States
6 Feb 2019
The ADA Does Not Obligate Employers To Make On-The-Spot Accommodations Of The Employee's Choosing
Seyfarth Synopsis: Sixth Circuit Court of Appeals clarifies that employers have discretion to provide a reasonable accommodation as identified through the interactive process.
United States
11 Jan 2019
Ninth Circuit Expands "Regarded-As" Disabled Standard
Seyfarth Synopsis: For the first time since the enactment in 2008 of the ADA Amendments Act (ADAAA), which broadened the definition of a disability under the Americans with Disabilities Act (ADA),
United States
14 Dec 2018
Actions Taken In Violation Of State Law May Not Be Protected Activities Under Title VII
Seyfarth Synopsis: Plaintiffs often have difficulty producing evidence of comparators when attempting to prove unlawful discrimination because records contained in personnel files are confidential
United States
10 Dec 2018
Workplace Hazards And Pregnancy – What's An Employer To Do?
Seyfarth Synopsis: Employers must evaluate their safety protections for pregnant women and engage in the interactive process with employees to find reasonable accommodations.
United States
14 Sep 2018
Washington State Releases Guide On Pregnancy Accommodations
The Washington State Office of the Attorney General has recently published a Guide outlining pregnant employees' civil rights under the Washington "Healthy Starts Act".
United States
13 Sep 2018
Insights From The Trenches: Proven Strategies To Combat Harassment In 2018 From Seyfarth Shaw At Work (SSAW)
In the last in a three-part series addressing sexual harassment in the workplace, we asked Philippe Weiss, Esq., Managing Director of Seyfarth Shaw at Work, to share insights from the front lines ...
United States
27 Dec 2017
Preventing #Metoo In The Workplace: How Employers Talk The Talk And Walk The Walk
Gone are the days where sexual harassment training will be enough.
United States
18 Dec 2017
Will The "Spirits" Of The Holiday Haunt You? (Not Just Your Obligatory "Holiday Party" Blog Post)
Over the next few weeks, we're going to weigh in on the growing national debate around the recent wave of sexual harassment allegations.
United States
11 Dec 2017
Sixth Circuit Court Agrees With Home Healthcare Employer's Termination Of Nurse
In this case a home-care nurse complained about the quality of care her patient received from the patient's family members.
United States
24 Oct 2017
Got Privilege? When It Comes To Internal Investigations, Think Again …
A recent decision out of the U.S. District Court for the District of Columbia serves as a helpful reminder on the difficulties of maintaining privilege during internal company investigations.
United States
24 Aug 2017
DOT Backs Away From Rulemaking On "Safety Sensitive Positions" In Highway And Rail Transportation
DOT has withdrawn its rulemaking on safety sensitive positions in highway and rail transportation.
United States
18 Aug 2017
Watch Out: Workplace Smells, ADA Disability, Telecommuting, And An EEOC Lawsuit
According to the EEOC in this just filed lawsuit, a home care services provider in North Carolina violated federal disability rights law when it rejected telecommuting requests from an employee whose asthma and COPD ...
United States
16 Aug 2017
Rescind That Job Offer After Her Notice Of Pregnancy? Maybe Not
In a recent Minnesota Supreme Court case, LaPoint v Family Orthodontics, P.A., A15-0396 (Apr. 5, 2017) ...
United States
3 May 2017
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