Tag Archives: Disability discrimination

California Court Upholds Employer’s Refusal To Hire Applicant Who Failed Pre-Employment Drug Test Due To Medical Marijuana Use

A federal court in California dismissed the disability discrimination claims of a job applicant who failed a pre-employment drug test due to medical marijuana use, holding that he did not sufficiently prove that he was disabled.  More specifically, the court concluded that the applicant’s “subjective belief” that he suffered from “chronic back pain” was insufficient … Continue Reading

Seasonal Employee May Pursue Disability-Based Hostile Work Environment Claim, Court Rules

Reversing a district court’s grant of summary judgment, the Iowa Court of Appeals held an employee presented sufficient evidence for her disability-based hostile work environment claim to proceed to trial, despite the relatively short period of her employment. Munoz v. Adventure Lands of America, Inc., 2021 BL 37057 (Iowa Ct. App. Feb. 3, 2021). In … Continue Reading

Regular Attendance is Essential Even if Employer was Lenient in the Past, Fifth Circuit Holds

An employer’s past leniency in applying and enforcing its attendance policy did not contradict the employer’s later position that regular worksite attendance was required for employment, the U.S. Court of Appeals for the Fifth Circuit has held. Weber v. BNSF Railway Co., No. 20-10295 (5th Cir. Feb. 24, 2021). This provides guidance for employers unsure whether … Continue Reading

Court Excludes EEOC Determination Letter That Contained Factual Inaccuracies and Conclusions of Law

Courts regularly act as gatekeepers in determining what evidence juries are entitled to hear at trial.  In Nuccio v. Shell Pipeline Co., LP, a federal district court barred an Equal Employment Opportunity Commission (EEOC) determination letter because its probative value was outweighed by its prejudice. No. 19-446-WBV-DPC (E.D. La. Dec. 11, 2020).  Nuccio highlights an … Continue Reading

Seventh Circuit Continues To Find That Lengthy Leaves of Absence May Not Be Reasonable Accommodations Under the ADA

On December 30, 2020, the U.S. Court of Appeals for the Seventh Circuit issued its opinion in McAllister v. Innovation Ventures, LLC, No. 20-1779 (7th Cir., Dec. 30 2020), and held that an employer did not violate the ADA where it terminated its employee after it became clear that she would require several additional months of leave … Continue Reading

Jury Awards $4.5 Million to Hospital Employee for Discrimination and Retaliation

A plaintiff has been awarded $4.45 million for an age discrimination, disability discrimination, and retaliation action he filed under state law in a court in Iowa against his former employer. Gregory Hawkins v. Grinnell Regional Medical Center, et al., No. 08791 LALA002281. The award included $220,009 in back pay, $2 million in emotional distress damages, … Continue Reading
LexBlog