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What Do an Application Process and a Suit Claiming Discrimination Have in Common?

The Third Circuit Court of Appeals recently upheld a lower court’s summary judgment decision, finding that an applicant who refused to complete an application without some guarantee that a particular individual would not...more

8/21/2013 - Discrimination Hiring & Firing Job Applicants Racial Discrimination Summary Judgment

Firing of Employee After His Angry Outburst During Mediation Did Not Constitute Retaliation

While the anti-retaliation provision of Title VII of the Civil Rights Act of 1964 does not prohibit all employer action after an employee has filed a discrimination charge or lawsuit, it precludes employers from taking an...more

8/12/2013 - Anti-Retaliation Provisions Civil Rights Act Discrimination EEOC Hiring & Firing Mediation Retaliation Title VII

Inconsistent Reasons for Termination Allow Pregnant Employee’s Discrimination Case to Proceed to Jury

The Seventh Circuit Court of Appeals recently overturned a lower court’s grant of summary judgment in favor of a home care agency, holding that a jury should be allowed to determine whether the agency’s reasons for firing an...more

6/27/2013 - Discrimination Hiring & Firing Just Cause Pregnancy Discrimination Termination Title VII

Operating Room Nurse Prohibited From Working After a Drug Rehab Stint Cannot Support ADA Failure to Hire Claim

In a case that underscores the inherent difficulty of implementing the Americans with Disabilities Act (ADA) in situations involving workplace safety issues, a federal district court in Connecticut determined that an...more

6/12/2013 - ADA Disability Discrimination Discrimination Drug & Alcohol Abuse Healthcare Professionals Hiring & Firing

Gender Stereotyping Based on a Person’s Non-Conforming Behavior Violates Title VII

As the U.S. Supreme Court has recognized, Title VII of the Civil Rights Act of 1964 is intended to “strike at the entire spectrum of disparate treatment of men and women resulting from sex stereotyping.” Recently, a federal...more

5/17/2013 - Discrimination EEOC Gender Discrimination Sexual Stereotyping Title VII

Does Partial Deafness Constitute a Disability Under the ADAAA? The Question Remains Unanswered

A federal court in Pennsylvania recently dismissed a lawsuit filed by a female newspaper page designer who claimed that she was laid off because of her gender and her deafness in one ear. Mengel v. Reading Eagle Company, No....more

4/29/2013 - ADA ADAAA Disability Disability Discrimination Discrimination Termination

Dishonest Response on an Initial Application Can Come Back to Haunt an Employee

In a non-precedential opinion, the Third Circuit Court of Appeals recently upheld a hospital’s firing of a security guard who had admitted that he was a recovering drug addict. Because that firing was based upon the fact that...more

4/10/2013 - Discrimination Drug & Alcohol Abuse Failure to Report Hiring & Firing Job Applicants

Employer Has No Obligation to Provide “Light Duty” Assignment Under FMLA or ADA

Employers often assign light duty to employees who are returning to work after recuperating from illnesses or injuries. The Seventh Circuit Court of Appeals has held, however, that neither the Family and Medical Leave Act...more

3/12/2013 - ADA Disability Discrimination Discrimination Essential Functions FMLA Light-Duty Positions Reasonable Accommodation

Employer’s Reliance on Third Party Assessment to Determine Reasonable Accommodation May Lead to ADA Liability

The Sixth Circuit Court of Appeals recently addressed an issue of first impression, holding that the ability to hear is not necessarily an “essential function” of the job of lifeguard. Keith v. County of Oakland, No. 11-2276...more

1/24/2013 - ADA Disability Discrimination Keith v County of Oakland Lifeguards Reasonable Accommodation Third-Party

Vegan Employee May Proceed with Religious Discrimination Claim

A federal district court in Ohio has refused to dismiss a complaint for religious discrimination made by a hospital employee after the employee was fired for refusing to be vaccinated for the flu. The basis of the refusal to...more

1/17/2013 - Chenzira Discrimination EEOC Federal Rule 12(b)(6) Hiring & Firing Motion to Dismiss Reasonable Accommodation Religious Discrimination Termination Title VII Vaccinations Veganism

EEOC Suggests That Title VII and ADA May Apply to Employment Situations Involving Domestic Violence and Sexual Assault

Neither Title VII of the Civil Rights Act nor the Americans with Disabilities Act (ADA) specifically prohibits discrimination against individuals who may be victims of domestic or dating violence, sexual assault, or stalking....more

11/1/2012 - ADA Discrimination Domestic Violence EEOC Harassment Reasonable Accommodation Retaliation Sexual Assault Stalking Title VII

Employee’s Request to Move from Rotating Shift to Straight Shift not a “Reasonable Accommodation” under the ADA

The 8th U.S. Circuit Court of Appeals recently addressed an issue of concern frequently raised by employers: whether allowing an employee to move from rotating shifts to straight daytime work is a required “reasonable...more

9/25/2012 - ADA Alliant Energy Corporate Services Disability Discrimination EEOC Essential Functions Reasonable Accommodation

An Indefinite Exemption From The Essential Functions Of A Job Is Not A Reasonable Accommodation Under The ADA

An issue that confounds employers on a regular basis is whether the discharge of an employee who is unable to return to work after a medical leave will violate the American with Disabilities Act (ADA). Most employers...more

8/27/2012 - ADA Disability Discrimination Essential Functions Hiring & Firing Reasonable Accommodation Termination

Federal Appeals Court Resists Categorizing “Sexual Stereotyping” Claim As Violation Of Title VII

Under Title VII, an unlawful employment practice is established when an employee demonstrates that gender is a motivating factor for an adverse employment action. Under that analysis, a number of federal appellate courts...more

8/20/2012 - Discrimination EEOC Gender Discrimination Sex Discrimination Sexual Stereotyping Title VII

DOL Publishes Its “Plain Language” Explanation And Guidebook For The FMLA

The Family and Medical Leave Act (FMLA) entitles eligible employees to twelve weeks of unpaid leave each year for certain medical issues for themselves or immediate family members. Employers are prohibited from...more

7/2/2012 - Discrimination DOL Eligibility FMLA FMLA Guidebook Retaliation

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