Compliance Stuff

On our May 28, 2026, Employment Law Webinar, HSB’s Matt Blake discussed one of the more nuanced intersections in employment law: the relationship between state workers' compensation systems and the Americans with Disabilities Act (ADA). For those who were unable to attend, these are the key takeaways: Two Laws, One Workforce Workers' compensation and the ADA create different frameworks for physical ailments that may coincide in the workplace. W orkers' compensation is addressed by state law; the ADA is federal. When the two conflict, the ADA governs, and state law cannot permit or require discriminatory conduct against a person who qualifies as disabled under the ADA . Critically, workers' compensation exclusivity provisions do not shield employers from ADA obligations. A Workers' Compensation Claim Is Not an ADA Disability, Necessarily The ADA has a three-pronged definition of disability: a physical or mental impairment that substantially limits a major life activi...

On May 8, 2026, the U.S. Court of Appeals for the Fifth Circuit ruled that temporary COVID-era telework did not permanently alter the essential functions of an on-site job and affirmed the dismissal of an employee’s claims under the Americans with Disabilities Act (ADA) because his need for full-time telework meant he was not a qualified individual. 0:00 7:05 Quick Hits On May 8, 2026, the Fifth Circuit upheld a l ower court’s decision to dismiss a disability discrimination claim because the plaintiff could not return to work in person, which was one of the essential functions of the job. The employer satisfied its obligation to provide a reasonable accommodation by offering telework two to three days a week, which the employee rejected. The employee’s inability to perform the essential job functions defeated causation for purposes of his retaliation claim. Factual Background The plaintiff worked for GStek, Inc., a federal contractor, as an IT systems administrator at Fort Polk’s Arm...

On March 18, 2026, an Ohio jury awarded $22.5 million in a wrongful death lawsuit related to a company’s denial of a pregnant worker’s work-from-home accommodation request, finding that the company’s action was a substantial factor in the death of the employee’s baby. 0:00 6:10 Quick Hits In  Larkin v. Total Quality Logistics, LLC , a logistics firm was sued after it denied a work-from-home accommodation request from an employee with a high-risk pregnancy. A jury found the accommodation denial contributed to the baby’s premature birth and death. The case shows how an accommodation denial may create liability for employers if they aggravate a worker’s medical condition. Background on the Case In 2021, a claims associate for a Cincinnati-based logistics firm, T otal Quality Logistics, LLC (TQL), was pregnant and required bed rest after a related surgery. When she requested to work from home and provided medical documentation, the company denied the request and placed her on an unpaid...