Published: August 30, 2018

On Aug. 24, 2018, the U.S. Court of Appeals for the Seventh Circuit reversed and remanded the district court's decision in favor of the employee in the case of Linda Rowlands v. United Parcel Service-Fort Wayne, No. 17-3281 (7th Cir. Aug. 24, 2018).  Among other things, the Seventh Circuit held that the ex-employee presented enough evidence for a jury to decide whether United Parcel Service (UPS) illegally ignored her request for a disability accommodation and wrongly terminated her for seeking that accommodation.

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Published: September 28, 2017

​As employers throughout the country know, what constitutes a reasonable accommodation under the Americans with Disabilities Act (“ADA”) can be a difficult and very fact-specific inquiry.  Frequently, employers are faced with the question of how long they are required to allow an employee to take a leave of absence for their own medical condition. Of course, the EEOC and many courts have taken the position that an individualized assessment must be made, a “bright line” rule of terminating an employee after a maximum amount of leave violates the ADA, and that long-term leaves

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Published: July 24, 2017

The July 20, 2017 White House release of the Trump Administration’s updated Unified Agenda of Regulatory and Deregulatory Actions is the first clear indication of a shift by the Department of Justice on priorities under ADA Title II and III. The Obama Administration’s Fall 2016 Agenda had included proposed rules regarding non-discrimination in the accessibility of Web information in State and Local government services (ADA Title II), as the next step in addressing web accessibility.

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Published: February 27, 2017

In May 2016, the Obama Administration’s U.S. Department of Justice’s Civil Rights Division and U.S. Department of Education’s Office for Civil Rights issued a Dear Colleague letter directing schools to recognize and treat their students consistent with their gender identities once they received notice of any change.

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Published: November 28, 2016

President-Elect Donald Trump has offered the job of Attorney General of the United States to Senator Jeff Sessions (R- Alabama).  The announcement raised eyebrows in some circles due to Senator Sessions’ history and recent statements about several hot-button civil rights issues. The Department of Justice plays a significant role in interpreting and enforcing many federal civil right laws.   

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Published: November 7, 2016

Last week, on November 4, 2016, a District Judge in the Western District of Pennsylvania held that discrimination based on sexual orientation constitutes sex stereotyping and is prohibited by Title VII. EEOC v. Scott Medical Health Center, 2:16-cv-00225 (W.D. Pa. Nov. 4, 2016).  The Equal Employment Opportunity Commission (“EEOC”) filed a lawsuit on behalf of Dale Baxley, a gay male employee who worked for Scott Medical Health Center PC. Mr. Baxley alleges that he was constructively discharged due to an alleged sexually hostile work environment.

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Published: September 30, 2016

On September 16, 2016, in Christiansen v. Omnicom Group Inc. et al., 16-cv-748 (2d Cir 2016), ad agency DDB Worldwide (“DDB”) argued before the Second Circuit that Title VII does not support discrimination claims based on sexual orientation. 

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Published: September 12, 2016

Saul Ewing’s Labor and Employment Practice is proud to host this practical, interactive workshop, which will provide participants with critical information on developments and updates to the Americans with Disabilities Act. This session will help your company navigate through accommodating physical and mental disabilities, tricky leave issues, workplace threats, conduct rules and employee drug and alcohol issues. We will also cover new pregnancy accommodation rules required by state laws and U.S. Supreme Court precedent.

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