Articles and Blogs

The Eighth Circuit Court of Appeals (the “Eighth Circuit”) recently held in Howard v. City of Sedalia (“Howard“) that a hospital was not required to accommodate a pharmacist’s request to keep a service dog in the workplace because such accommodation was considered a “personal item,” providing assistance to her both on and off the... READ MORE

The Sixth Circuit Court of Appeals (“the Court”) recently affirmed the dismissal of a nursing student intern’s lawsuit alleging disability discrimination and failure to accommodate claims. The Court opined that the plaintiff in this action failed to establish an intentional discrimination claim against Hurley Medical Center (“Hurley”) and that Hurley did not fail to... READ MORE

The Department of Labor’s Wage and Hour Division (the “WHD”) recently issued a new opinion letter on February 9, 2023 – the first opinion letter issued that addresses a question related to the FMLA since 2020. This opinion letter addresses the question of whether an eligible employee with a serious health condition that requires... READ MORE

Recently, the EEOC updated its COVID-19 employment practices guidance (Section K, specifically) to include information on how employers can approach the newly released COVID-19 vaccines under the Americans with Disabilities Act (“ADA”), Title VII of the Civil Rights Act and the Genetic Information Nondiscrimination Act (“GINA”). As we previously discussed here (“EEOC Provides COVID-19 Guidance Via Webinar (Part... READ MORE

Before the pandemic, it had long been understood that, in most cases, employers may validly view reporting to work as an essential job function. That is now a much more questionable proposition. Now that many industries have abruptly shifted towards a work‑from‑home norm, it is arguable that reporting to work can no longer be... READ MORE

This week the Equal Employment Opportunity Commission (“EEOC”) issued new guidance on how to adhere to the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act amid the COVID-19 pandemic. As we discussed here and reiterated in the new EEOC guidance, the ADA and Rehabilitation Act do not interfere with employers following the Centers... READ MORE

On November 6, the Sixth Circuit Court of Appeals clarified the standard to establish a claim under the “regarded as” prong of discrimination under the Americans with Disabilities Act (“ADA”) and explained the type of evidence that supports an inference that an employer’s reasons for an employee’s termination are “pretextual” and actually motivated by discrimination. Factual Background A nurse anesthetist, Paula E. Babb, insisted her former employer... READ MORE

Health care providers who staff for safety-sensitive positions should take notice of a Seventh Circuit appeals panel ruling on October 29, 2019, that an obese applicant cannot claim a violation of the Americans with Disabilities Act for an employer’s rejection of him over concerns about future possible health conditions and related safety concerns arising... READ MORE

On June 12, 2019, the United States Court of Appeals for the Seventh Circuit joined the Second, Sixth and Eighth Circuits in determining that without evidence of an underlying physiological disorder, a plaintiff’s weight does not qualify as a disability under the Americans with Disabilities Act (“ADA”). In the Seventh Circuit case Richardson v. Chicago... READ MORE

Health care providers are increasingly relying on technology to market, communicate with and otherwise provide services to their community, such as information about services provided on the website, patient portals, check-in kiosks and mobile applications. In using technology to communicate with patients and the larger community, it is important to remember the importance of... READ MORE