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A blog from the attorneys of Verrill

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Category: ADA

Dude, I Think He’s High…Can I Fire Him?

Oftentimes clients ask, "When we think an employee is high, can we fire him?" My answer is consistently the same, "That depends." It depends on a whole host of factors, what state do you live in, what industry do you work in, why do you think he's high, but...

Excuse Me . . . I “Tooted”: Flatulance and the ADA

My four-year-old spent the vast majority of the weekend publically announcing (louder than her grandparents and I would have preferred) "excuse me I tooted" every time she passed gas—which considering her petite frame and refusal to eat a vast majority of foods, occurred much more often than I would...

Employer Successfully Parses the Haze in the Land of Enchantment

Recently, New Mexico employer Presbyterian Healthcare Services successfully defended a claim of disability discrimination after terminating a Physician's Assistant who tested positive for medical marijuana. The case, Smith v. Presbyterian Healthcare Services , involved a Physician Assistant, Donna Smith, who through a staffing agency, Advantage Locum, applied for and...

Jury Finds "Food with Integrity" Terminated with Integrity Despite EEOC’s Claims to the Contrary: Jury Verdict Returned in Chipotle’s Favor after ADA Battle

On Monday, Judge F. Dennis Saylor IV of the District of Massachusetts entered judgment in favor of Chipotle Mexican Grill, Inc., after a five-day trial concluded on August 7, with a jury finding in favor of Chipotle Mexican Grill on a disability discrimination claim brought by former employee Amanda...

Is Honesty the Best Policy? EEOC Alleges Honesty Policy Violates ADA

Our parents consistently told us honesty was the best policy. Being honest with the people you interact with, whether, socially, romantically, or professionally, often creates the healthiest relationships in the long run; the EEOC may, however, disagree with me. The EEOC recently sued Aurora Health Care Inc. in the...

Sixth Circuit’s Panel Decision Isn’t Built Ford Tough

Earlier this month, the Sixth Circuit issued an en banc decision in the EEOC v. Ford Motor Co. matter concerning the ADA and telecommuting; finding that telecommuting up to four days a week was not a reasonable accommodation. We have been following the opinion both initially and when the...

Nine Months Later Supreme Court "Delivers"

Yesterday the Supreme Court issued its much-anticipated opinion on the Pregnancy Discrimination Act in Young v. UPS vacating the Fourth Circuit's (and District Court's) grant of summary judgment in favor of the employer, UPS. We've previously discussed the background of the case here and here , but for our...

Wacky Wednesday: Fear and Loathing in Elementary Education

Last week, the Sixth Circuit ruled that a former Ohio public school teacher who was suffering from pedophobia (the fear of young children), had not presented an Americans with Disabilities Act or Age Discrimination Claim. The Plaintiff requested the school district accommodate Plaintiff's disability, pedophobia, by transferring her from...
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