Second Circuit Court of Appeals

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The workplace accommodation process associated with employee health conditions can be one of the trickiest HR issues for U.S. businesses to navigate. For employers in New York, Connecticut, and Vermont, a federal appeals court may have just added a further layer of complexity.

On March 25, 2025, the Second Circuit Court of Appeals joined a split of federal circuit courts in concluding that employees may qualify for a reasonable accommodation under the Americans with Disabilities Act (ADA) despite being able to perform the essential duties of their job without an accommodation. Moving forward, the Second Circuit will now consider the ability to perform essential functions as probative evidence of whether an accommodation should be granted rather than dispositive.Continue Reading New York Federal Appeals Court shifts standard for assessing workplace accommodations

Mark Goldstein contributed to the content of this post.

On Friday, in a major victory for employers, the Second Circuit Court of Appeals fell into line with Supreme Court precedent and held that courts must enforce arbitration agreements that permit an employee to pursue claims under the Fair Labor Standards Act only through individual arbitration. In doing so, the Second Circuit repudiated its own previous decision holding that courts need not do so when it would cost the employee more to arbitrate the claim than he or she could hope to win.Continue Reading Class Dismissed: Wage & Hour Class Action Waiver Enforced by Second Circuit