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How do prove a failure to accommodation under the ADA? To establish a failure-to-accommodate claim under Americans with Disabilities Act (“ADA”), an employee must present evidence: (i) that the employee was disabled, (ii) the employer had notice of her disability,...
As a plaintiff’s employment law attorney, the thought of artificial intelligence replacing judges is both intriguing and alarming. The legal world is traditionally slow to adopt technological advancements, yet the potential for AI to revolutionize our field is...
Given recent changes to the law, the answer regarding the level of specificity needed to be given by an employee to the employer in order to request a disability accommodation is: Not Much. Following the U.S. Supreme Court’s decision in Muldrow v. City of St. Louis,...
Today, our employee’s rights lawyers present to you the case of Porter v. Dartmouth-Hitchcock Med. Ctr., 92 F.4th 129 (2d Cir. 2024), a perfect example of direct evidence of employment discrimination. In this case, when the decision maker was asked why the employee...
In the realm of employment law, the recent case of Ferrara v. Sterling, Inc., No. 23-0454-CV, 2024 WL 485742 (2d Cir. Feb. 8, 2024), serves as a stark reminder of the importance of promptly addressing discrimination in the workplace. Robert Ferrara, a district manager...
As experienced employment discrimination lawyers, we can tell you that establishing a cases is a process. There has to be at least some evidence at the beginning in order to take the case, but employees do not have to have all of the evidence right from the get-go....
The trend towards artificial intelligence (AI) and automated processes replacing workers is driven by advancements in technology that allow machines to perform tasks traditionally done by humans. AI systems and automation are increasingly efficient, cost-effective,...
In today’s exciting legal blog, our employment discrimination lawyers look at the recent United States Court of Appeals for the Tenth Circuit case, Freeman v. City of Cheyenne, No. 23-8022, 2024 WL 464069 (10th Cir. Feb. 7, 2024), to explore whether a request for...
The deadline for filing charges for discrimination with the Equal Employment Opportunity Commission (“EEOC”) are strict and the failure to comply with the deadline may result in forfeiture of all claims. For charges arising out of Title VII of the Civil Rights Act of...
How does Title VII protect employee’s religious rights? Title VII of the Civil Rights Act of 1964 is a federal law in the United States that prohibits employment discrimination based on several protected characteristic, including religion. The section of Title VII...