Read ELS’ Practical Guidance on Discovery in Employment Litigation

ELS Partners, Jamala McFadden and Chandra Davis, and ELS attorney, Raquel Crump, had the pleasure of authoring a Lexis Practice Advisor Practice Note concerning Discovery in Employment Discrimination Litigation: What Defendants Can Request and Obtain from Plaintiffs. The practice note provides guidance on the scope of permissible discovery employers may obtain from plaintiffs in employment discrimination lawsuits. […]

3 Mistakes To Avoid When Handling Intermittent FMLA Leave

Law360, New York (March 8, 2017, 9:07 PM EST) — While most employers have fine-tuned their practices for administering leave under the Family and Medical Leave Act, experts say the statute’s allowance for intermittent leave — shorter, less predictable absences — still often leaves employers flustered and open to legal woes. Passed in 1993, the […]

Obsesity under the ADA

On October 3, 2016, the United States Supreme Court (“Supreme Court”) denied the petition for a writ of certiorari from Petitioner Morriss.[1] Mr. Morriss appealed the to the Supreme Court after the Eight Circuit Court of Appeals found that obesity is not a disability defined under the Americans with Disabilities Act (“ADA”). The facts of the […]

Recent EEOC News

On August 11, 2016, the Georgia Council for the Hearing-Impaired, Inc. (GACHI) finalized a $10,000 settlement with the Equal Employment Opportunity Commission (EEOC) and Mr. Stephen Patterson concerning the EEOC’s retaliation discrimination lawsuit against GACHI.[1] A former training specialist to GACHI, Mr. Patterson filed an EEOC charge against GACHI on October 2012. Under the EEOC’s […]

Can An Indefinite Leave Of Absence Be A Reasonable Accommodation?

One of the most difficult issues an HR professional or in-house employment counsel faces is how to deal with an employee who cannot return to work after FMLA leave expires. Is additional leave required?  What law applies and what are the obligations for an employer in this situation? Despite the uncertainty of what additional leave […]

Depression in the Workplace: Strategies for Seamlessly Handling FMLA Requests and ADA Accommodations

Medically speaking, the term “mental illness” describes a plethora of mental and emotional disorders ranging from mild anxiety to more serious conditions such as depression that significantly interfere with major life activities including learning, working, and simply communicating with others. Legally speaking, “mental illness” isn’t quite as easy to define, yet employers are expected to […]