Disability Discrimination in Employment: Health Care Employer Could Condition Employment on Health Screening and Vaccination

The Americans with Disabilities Act (“ADA”) prohibits covered employers from discriminating against qualified individuals on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 42 U.S.C. § 12112(a). This prohibition against discrimination can apply to…

Employment: Age Discrimination – Breach of Fiduciary Duty and Unfair Competition

An employer may proceed with its unfair competition suit asserting contract and tort claims against a former employee and the employee’s current employer, a federal district court sitting in Pennsylvania has held. The employer adequately stated claims of common law breach of fiduciary duty and unfair competition against the employee, and of aiding and abetting…

Estates: The Inheritability of Digital Music Files

The average layperson might assume that digital music files (i.e., songs purchased from services such as iTunes and Amazon) can be passed by will or intestate succession. This is certainly true for music recorded onto physical media, such as CDs. However, the law currently treats digital files differently, given (a) the manner in which digital music…

Long Term Leave Not a Reasonable Accommodation

On September 20, 2017, the Seventh Circuit Court of Appeals affirmed a decision by a district court, holding that the failure to provide an employee with long-term medical leave is not a violation of the Americans with Disabilities Act (“ADA”). The decision, Severson v. Heartland Woodcraft, Inc.,_ F.3d _, 2017 WL 4160849 (7th Cir. Sept….

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