A recent employment discrimination lawsuit underscores the importance employers must place on preserving and producing electronic evidence. As explained below, the employer lost an opportunity to avoid significant costs associated with searching and recovering emails.
Specifically, in Wagoner v. Lewis Gale Med. (7/13/16), the plaintiff sued his former employer Lewis Gale Medical Center LLC
In non-North Carolina bathroom news, the Equal Employment Opportunity Commission (EEOC) issued this past week a resource document concerning the Americans with Disabilities Act (ADA). More specifically, this document addresses the use of employer-provided leave as an accommodation under the ADA.
The intent of the EEOC’s resource document is to provide general information to employers
A recent case involving the Americans with Disabilities Act offers employers an opportunity to consider two frequent issues under this statute: What is a reasonable accommodation and what must an employer show to establish an “undue hardship” defense to providing such an accommodation.
The case, Searls v. Johns Hopkins Hosp. (1-21-16), resulted in the
An area under the Americans with Disabilities Act that can be problematic for employers and employees alike concerns conducting the individualized inquiry that is required to determine if an employee’s disability or another condition disqualifies the employee from a particular position. This issue recently played out in a federal district court case of (Siewertsen
Michigan employers dodged a bullet (sort of) on when it comes to whether telecommuting must be considered as a reasonable accommodation under the Americans with Disabilities Act (ADA).
Specifically, in a “judicial do-over,” the full Sixth Circuit Court of Appeals in EEOC v. Ford revisited a prior decision (previously discussed here) that had concluded
Under a recent federal court ruling, Michigan employers must be prepared to consider telecommuting as a reasonable accommodation under the Americans with Disabilities Act (ADA) for an employee under a 4/22/2014 court ruling.
Specifically, Jane Harris was terminated from her position as a resale steel buyer at Ford Motor Co. This termination occurred shortly after she asked
The issue of how marijuana should be classified is set to be heard by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit next week.
This issue is important for employers and employees because of the downstream impact it could have in relation to the use of medical marijuana
It finally happened; This blog noted back in August 2011 that the Sixth Circuit would likely make significant changes in favor of employees bringing claims under the Americans with Disabilities Act (ADA).
On May 25, 2012, the Sixth Circuit Court of Appeals made it official in holding that plaintiff employees bringing claims under the ADA
This blog previously noted that the Sixth Circuit (the federal circuit that includes Michigan, Ohio, Kentucky, and Tennessee) would likely change its standard for analyzing claims under the Americans with Disabilities Act (ADA) from a stricter standard to a less demanding standard that favors employees. Americans with Disabilities Act: The Times They are (likely) a Changin.’
On May 24, 2011, the Americans with Disabilities Act Amendments went into effect, which were the result of the 2008 ADA Amendments Act signed into law by President Bush.
Without question, the ADA Amendments make it easier for individuals to establish coverage. In fact, Congress overturned several U.S. Supreme Court decisions that had narrowly interpreted the