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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,...
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...
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...
According to the CDC, approximately 83% of people under 65 who have died from COVID-19 have had an underlying medical condition such as heart disease or diabetes. That puts people with certain disabilities at serious risk. There are a lot of workers who suffer from...
If an employee requests leave from work, the first thing that comes to your mind might be the Family and Medical Leave Act (FMLA). The FMLA provides up to 12 weeks of unpaid leave to care for a medical condition, to care for a family member’s medical condition, or to...
This week marks 30 years since the Americans With Disabilities Act (ADA) was passed into law with strong bipartisan support. The law prohibits discrimination in employment, transportation and public accommodations against people with disabilities. Yet although the ADA...
If you have a disability, you still have to be able to do your job to the standards set forth for other employees. If you have not been able to do that, your discrimination claim may fail unless you have strong evidence that discrimination was the motive for any...
Yes. The Americans With Disabilities Act (ADA) requires potential employers to provide you with reasonable accommodations during the hiring process. The law also affects what can and can't be asked during the interview and pre-hiring period. Even in strong job...
No. If you have a disability, the Americans With Disabilities Act (ADA) requires your employer to make a reasonable accommodation, as long as doing so would not create undue hardship for your employer. Undue hardship generally means significant difficulty or expense....
Walmart announced recently that it plans to eliminate the position of store greeter at all U.S. stores, effective in late April. The news came as a shock to many Walmart greeters, especially those with disabilities. In the past, Walmart had been praised for providing...