Employers May Be Liable for Disability Discrimination Claims Even If the Employee Suffers No Adverse Action Such as Firing or Demotion

This week, the United States Court of Appeals for the Tenth Circuit clarified that employees may sue their employer under the Americans with Disabilities Act (“ADA”) for failing to accommodate their disability, even if the employee was not subject to an adverse action such as firing or demotion.

EEOC’s Updated COVID-19 Guidance on Testing and Privacy Issues

On September 8, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued new guidance regarding COVID-19 and how it interacts with the Americans with Disability Act (“ADA”) and related EEO laws. The EEOC’s guidance focused on three major categories:

U.S. Supreme Court Broadens Application of Ministerial Exception for Employees of Faith-Based Institutions

In a 7-2 decision, the U.S. Supreme Court ruled that the ministerial exception — a legal doctrine that shields religious employers from anti-discrimination laws — applied to two discrimination suits brought by California parochial elementary school teachers against their employers.

COVID-19 and Reasonable Accommodations – EEOC Provides Updated Guidance

As employers across the country begin the process of reopening their businesses, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its guidance for employers relating to providing reasonable accommodations as required under the Americans with Disabilities Act (“ADA”) while dealing with the COVID-19 pandemic.

Employer Lawfully Refused to Hire Applicant for Fear of Future Medical Impairments, Appellate Court Holds

An employer did not violate the Americans With Disabilities Act (“ADA”) by refusing to hire an obese applicant based on the belief his weight created a high risk he would develop medical conditions in the future, the Seventh Circuit Court of Appeals has ruled.

Extreme Obesity Not Caused by an Underlying Medical Condition Is Not a Disability Under Federal Anti-Discrimination Law

Extreme obesity cannot support a disability discrimination claim under the Americans With Disabilities Act (ADA) without evidence that the condition was caused by a physiological disorder or condition, the Seventh Circuit Court of Appeals has ruled.

During Flu Season, Immunize Your Company Against the Legal Risks of Vaccination Policies

As flu season approaches, employers often ask: can we require our employees to get a flu shot? The answer? Sometimes. Although some employers, particularly in the healthcare field, require employees to get immunized, employers should beware of legal risks created by the policies mandating vaccinations for employees. If an employer mandates vaccination, an employee may have a right to an exemption from the policy based on the employee’s medical history or religious beliefs.

Campbell Litigation, P.C.August 24, 2017flu season, EEOC, Title VII, Americans with Disabilities ActComment

Always Check Whether a Plaintiff’s Claim is Timely: Tenth Circuit Court of Appeals Affirms Dismissal of Employment Discrimination Case Filed Six Days Late

Under Title VII of Civil Rights Act of 1964 (“Title VII”), the Americans With Disabilities Act (“ADA”), the Age Discrimination in Employment Act (“ADEA”), and most state anti-discrimination statutes, employees may file a lawsuit no later than 90 days after receiving notice from the administrative agency that the investigation has concluded (a “Notice of Right to Sue”). Courts strictly enforce the 90-day limitations periods, which in Title VII, ADA, and ADEA cases are “condition precedent to suit,” and, in the case of many state anti-discrimination acts, are jurisdictional, meaning a plaintiff’s failure to file within 90 days will strip the court of jurisdiction to hear a claim.

The Rocky Mountain Employer