The federal appeals court that covers Maryland and Virginia recently ruled that people with “gender dysphoria” qualify for protection under the Americans with Disabilities Act (ADA). A majority of the Fourth Circuit Court of Appeals said that gender dysphoria is...
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Disability Discrimination Can Include Failure to Accommodate
It seems straightforward, but avoiding discrimination against people with disabilities sometimes requires understanding what activities the disability affects. Under the Americans With Disabilities Act (ADA), employers have a duty to reasonably accommodate the needs...
Federal Court Rules that Consultation with Attorney Before Termination of Employee is not Evidence of Retaliation
When an employer seeks the advice of an attorney before they terminate an employee, is this evidence that the termination was motivated by retaliatory intent? A federal case called O'Rourke v. Tiffany and Company recently addressed this very question. In O’Rourke,...
Fourth Circuit Decision Sheds Light on How Far an Employer Must Go to Accommodate a Disability
Under the Americans with Disabilities Act (ADA), employers are required to consider reassignment to existing vacant positions as a potential accommodation. But what happens when an employee requests that an employer create a new position as an accommodation? This...
Employers Should Make Sure Their Hiring Websites Are Accessible
Recently, a high-profile case came out ruling that a grocery retailer’s website didn’t have to be accessible to people with disabilities. This has led some to believe that there is no law requiring websites to be accessible. In fact, the federal Americans With...
Lessons from Recent 4th Circuit Case: The Importance of Maintaining Communication with Employees on Leave
The Fourth Circuit recently issued an opinion that highlights the importance of maintaining regular communication with an employee who is out on leave. In Thomas v. City of Annapolis, Maryland, a police officer injured his knee on the job and was offered a permanent...
Beware of “Drive-By” ADA Lawsuits
In recent years, there has been an increase in “drive-by” ADA lawsuits. These lawsuits focus on businesses that are not compliant with the Americans with Disabilities Act (ADA) because their buildings are inaccessible to people with disabilities. These suits have...
Jury Waivers: A Viable Alternative to Forced Arbitration?
It is not uncommon for employment agreements to contain “forced arbitration agreements.” Under such agreements, employees are required as a condition of their employment to forgo litigation in court and instead submit their claims to arbitration. Back in 2018,...
Fourth Circuit Holds That Voluntary Transfers Do Not Constitute “Adverse Actions”
Under the Americans With Disabilities Act (and in employment retaliation cases in general), an employee must be subject to an “adverse action” in order to bring a claim for retaliation. The U.S. Court of Appeals for the Fourth Circuit recently considered whether an...
Fourth Circuit Sheds Light on “Reasonable” Accommodation Requests
As COVID-19 cases continue to rise, employers can expect requests for accommodations under the Americans with Disabilities Act (ADA) to rise as well. Recently, the 4th Circuit issued an opinion that highlights the importance of engaging in an interactive process with...