Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Employment and Labor Law (federal and state); Employment Litigation; Public Employment; Employment Discrimination; Employment Civil Rights; Title VII; ADEA; ADA; Family and Medical Leave Act; Harassment; Affirmative Action; Equal Employment Opportunity Law; Administrative Agency Practice; EEOC Claims; Fair Labor Standards Act; Wage and Hour Law; Wrongful Termination Defense; Whistleblower Litigation; Reductions in Force; WARN Act; Covenants Not To Compete; Unfair Competition and Trade Secret Litigation; Employment Class Actions; Employment Arbitration; Fair Housing Litigation; National Labor Relations Act; Collective Bargaining; Union Representation Elections; Unfair Labor Practice Charges; Labor Strikes; Immigration Law; Workers Compensation; Employee Benefits; ERISA; Occupational Safety and Health; Mine Safety; Prevailing Wage Litigation; Civil Litigation; Native American Law.

Company's "100% Healed" Policy Does Not Create per se Disability Discrimination.
Maria Greco Danaher, January 25, 2012
In a case that adds to a split among federal appellate courts, the 7th U.S. Circuit Court of Appeals has held that a company’s insistence on an employee being “100% healed” after a medical leave does not necessarily support the employee’s legal claim under the Americans with...

OFCCP’s Proposed Revisions to Regs Require Increased Obligations and Affirmative Action Regarding Disabled Individuals
Maria Greco Danaher, December 21, 2011
Section 503 of the Rehabilitation act of 1973, as amended (“Section 503”), prohibits employment discrimination by federal government contractor and subcontractor employers against individuals with disabilities. It also includes affirmative action provisions that relate to both hiring...

High School Diploma as Pre-Requisite to Employment May Violate the ADA
Maria Greco Danaher, December 8, 2011
On December 2, 2011, the EEOC posted an “informal discussion letter” on its website. The letter was in response to an issue involving individuals who are unable to earn a high school diploma because of certain learning disabilities and who therefore are ineligible for jobs that require...

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