June 26, 2022

Volume XII, Number 177

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June 24, 2022

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Former Employee Adequately Alleged Disability Under The ADA

Shields v. Credit One Bank, N.A., 2022 WL 1436839 (9th Cir. 2022)

Karen Shields worked as an HR Generalist for Credit One Bank before her position was eliminated, which occurred after she took a medical leave of absence as an accommodation under the ADA. The district court granted the Bank’s motion to dismiss on the ground that Shields had failed to plead facts sufficient to establish she had an “impairment” or any “permanent or long-term effects for her impairment.” The Ninth Circuit reversed the dismissal, noting that that both the ADA and the applicable EEOC regulations had been updated and broadened to encompass protection for the “effects of an impairment lasting or expected to last fewer than six months.” 29 CFR § 1630.2(j)(1)(ix). The Court further held that Shields had adequately alleged a disability under the ADA. See also Buchanan v. Watkins & Letofsky, LLP, 30 F.4th 874 (9th Cir. 2022) (plaintiff established genuine issue of material fact whether employer’s two offices were an integrated enterprise and, thus, together have at least 15 employees such that the employer is covered by the ADA).

© 2022 Proskauer Rose LLP. National Law Review, Volume XII, Number 145
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About this Author

Anthony J Oncidi, Employment Attorney, Proskauer Rose Law Firm
Partner

Anthony J. Oncidi heads the Labor & Employment Law Group in the Los Angeles office. Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection....

310-284-5690
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