On January 25, 2013, a three-member panel of the D.C. Circuit Court of Appeals issued a decision in finding that the recess appointments to the National Labor Relations Board (NLRB or Board) by President Obama on January 4, 2012 were unconstitutional. Noel Canning v. NLRB, No. 12-1115, D.C. Circuit Court of Appeals (January 25, 2013).
January 2013
Employer not obligated to make an otherwise temporary “light-duty” position permanent to accommodate disabled employee under the ADA.
By Maria Danaher on
Posted in ADA, Reasonable accommodation
In an unpublished opinion, the 6th U.S. Circuit Court of Appeals recently upheld summary judgment in favor of an employer who refused to convert a light-duty position into a permanent job for a disabled employee. Wardia v. Campbell County Regional Justice Dept. of Corrections, 6th Cir., No. 12-5337, January 3, 2013. In that case, a…
Employer’s reliance on third party assessment to determine reasonable accommodation may lead to ADA liability.
By Maria Danaher on
Posted in ADA, Reasonable accommodation
The 6th U.S. Circuit Court of Appeals recently addressed an issue of first impression, finding that the ability to hear is not necessarily an “essential function” of the job of lifeguard. Keith v. County of Oakland, 6th Cir., No. 11-2276, January 10, 2013. In addition, however, the Court made a number of other, more generally…
One district court finds that “sincerely held belief” of vegan employee may support a religious discrimination claim.
By Maria Danaher on
Posted in Religious discrimination
A federal district court in Ohio has refused to dismiss a complaint for religious discrimination made by a hospital employee after the employee was fired for refusing to be vaccinated for the flu. The basis of the refusal to be vaccinated was the employee’s veganism. The Court denied the employer’s motion to dismiss, holding that…