Andrew Henson
4th Circuit’s Dueling Disability Discrimination Decisions Analyze ‘Illegal-Exam’ Claims Under ADA/Rehabilitation Act
When can an employer require its employee to undergo a medical exam without running afoul of the Americans with Disabilities Act (ADA) or the Rehabilitation…
Employee Duties in the Interactive Process: Recent Opinions within the Fourth Circuit
Employees with disabilities face a dilemma when a requested accommodation for their disability is denied by management. Many employees will feel demoralized…
Fourth Circuit Reaffirms Scope of Retaliation Protections in Title VII Opinion
In the recent opinion Strothers v. City of Laurel, Maryland, 895 F.3d 317, (4th Cir. 2018), the Fourth Circuit gave further articulation to the type of facts…
Fourth Circuit Adopts ‘But-For’ Causation For False Claims Act Retaliation Cases
Earlier this month in United States ex rel. Cody v. ManTech, Int’l, Corp., 2018 WL 3770141 (4th Cir. 2018), the Fourth Circuit determined that a…
Activate Employee Protections Before Disability Symptoms Cause ‘Bad’ Behavior
For employees with a disability, managing symptoms can be a continual struggle. Particularly in the area of mental health and other “unseen” conditions,…
No Internal Complaints Under Dodd-Frank? Not So Fast.
In Digital Realty Trust, Inc. v. Somers, 138 S.Ct. 767 (2018), a unanimous Supreme Court recently held that in order to be a whistleblower entitled to the…
Layoff Surprise: Is the Traveling Branch Manager A “Mobile Worker” Under the WARN Act?
Labor & Employment Law Section Federal law requires large employers issuing mass layoffs or plant closures to give employees 60 days advance written…
Employer’s Attempt At Repayment Of Training Costs Can Backfire Causing Employee Misclassification Under the FLSA
A growing practice among employers is to require new hires to sign a Training Cost Agreement (TCA), which puts employees on the hook for the cost of their…
Eighth Circuit: Heavy-Set Truck Drivers Can Be Forced To Undergo Sleep Exam
A recent Eighth Circuit opinion found that a trucking company could force heavy-set truck drivers to submit to a sleep apnea exam as a “business…