Friday, April 24, 2020

First Circuit: Summary judgment affirmed for employer on Americans with Disabilities Act claim because, on termination claim, former employee purportedly terminated for violating conduct rule failed to show that she was treated differently from others who were similarly situated; and, on failure to accommodate claim, noting that a “requested accommodation that simply excuses past misconduct is unreasonable as a matter of law [and her requests] would have required forgiveness of her fireable misconduct and a fresh start,” the court held that she nevertheless failed to show that her requested accommodations would have been effective to allow her perform the essential functions of her job
First Circuit: Summary judgment affirmed for employer on Title VII failure to rehire claim based on race and retaliation
EEOC: Updated COVID-19 and non-discrimination guidance includes (A.6) that “an employer may choose to administer COVID-19 testing to employees before they enter the workplace to determine if they have the virus”

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