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Archive for March 2019

Justice Department Says ACA Should Be Struck Down

The Justice Department is supporting a federal judge’s ruling that the Affordable Care Act (ACA) is unconstitutional in a case that could eventually be heard by the U.S. Supreme Court. In the meantime, all ACA coverage and reporting obligations for employers remain in place. “The Department of Justice has determined that the district court’s comprehensive opinion…

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ADA’s Interactive Process Is a Two-Way Street

An employer that grants schedule adjustments that aren’t required under the Americans with Disabilities Act (ADA) may later stop allowing such changes when the employee declines to help the employer identify a reasonable accommodation, a recent 5th U.S. Circuit Court of Appeals decision shows. Time Warner Cable Texas LLC hired the plaintiff in October 2012…

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The Rumor Mill Is Now Your Problem? Yes, According to the Fourth Circuit

In a decision that could have wide-ranging implications for all employers, the Fourth Circuit Court, located in Richmond, Virginia, with appellate jurisdiction over the district courts in the District of Maryland, Eastern District of North Carolina, Middle District of North Carolina, Western District of North Carolina, District of South Carolina, Eastern District of Virginia, Western District of Virginia, Northern District…

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Security Guard Unable to Walk Patrol Seeks Accommodation

A security guard’s claim of failure to accommodate under the Americans with Disabilities Act (ADA) could proceed to trial despite his physical inability to perform walking patrol rounds, a federal district court decided. The plaintiff was employed by Covenant Security Services as a security officer at the facility of its customer, Kimberly-Clark. The plaintiff testified…

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Gardner v. CLC of Pascagoula, LLC -What Constitutes “Severe and Pervasive” Conduct With Respect to “Third-Party Harassment”?

Employers may be liable to their employees for harassment by non-employees under Title VII. Courts have found liability for this so-called “third-party harassment” in some of the following fact-specific contexts: waitresses harassed by their dining customers; casino dealers suffering harassment from gamblers at the table; and vendors being harassed by clients they visit onsite for…

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