ADA Failure to Accommodate Claim Requires Adverse Action

By Bill Wright The Tenth Circuit Court of Appeals has faced one of the least litigated issues under the ADA.  Is a failure to accommodate the restrictions of a disabled employee, itself, an adverse employment action?  Answer: no. Almost all ADA failure to accommodate cases arise when the employee is let go because he or […]

State Law Bars Conditioning Employment on Agreement to Arbitrate

By Bill Wright Recently, the Kentucky Supreme Court considered whether the Federal Arbitration Act (“FAA”) preempts a state law.  The FAA prevents states from setting higher standards for entering into or enforcing arbitration agreements than for contracts generally.  The Kentucky law at issue read: [N]o employer shall require as a condition or precondition of employment […]