Americans with Disabilities Act Disability Discrimination

The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation,... more +
The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation, communications and governmental activities. The Act defines a covered disability as those mental or physical impairments that substantially interfere with one or more major life activities.  Five different federal agencies are responsible for enforcing the ADA: Department of Labor, Department of Justice, Federal Communications Commission, Department of Transportation and the Equal Employment Opportunity Commission.  less -
News & Analysis as of

Cleaning Authority of Plainfield to Pay $15,000 to Resolve EEOC Disability Suit

House Cleaning Service Subjected Employee to Unlawful Inquiries and Harassment Based on Abnormal Gait, Federal Agency Charged - CHICAGO - Mont Brook, Inc., doing business as The Cleaning Authority of Plainfield, will...more

10 Steps to Hiring Without Violating Disability Discrimination Laws

Regardless of whether a job applicant has an apparent disability, employers should always follow these 10 steps to reduce the risk of liability for running afoul of the anti-discrimination provisions of the ADA or the FEHA....more

EZEFLOW USA, Inc. Will Pay $65,000 to Settle EEOC Disability Discrimination Lawsuit

Pipe Fittings Manufacturer Fired Disabled Veteran Instead of Providing a Reasonable Accommodation, Federal Agency Said - PITTSBURGH - EZEFLOW USA, a pipe fitting manufacturer located in New Castle, Pa., will pay...more

Fifth Circuit Adopts Standard in Disability Cases That Will Make it Harder for Employers to Obtain Summary Judgment

In Equal Employment Opportunity Commission v. LHC Group Inc., the Fifth Circuit Court of Appeals evaluated a trial court’s grant of summary judgment to an employer on an employee’s disability discrimination claims. In...more

CA Supreme Court: New Duties for Businesses Regarding Having Defibrillators on-site; and Whether Anti-Discrimination Statutes Also...

California Rule of Court 8.548 permits the Ninth Circuit to certify questions of California state law to the California Supreme Court. On average, this happens a handful of times per year. Over the past five years, the...more

Kaufman Children’s Center Sued by EEOC for Disability Discrimination

Disabled Employee Barred from Returning to Work after Medical Leave, Federal Agency Charges - DETROIT - Kaufman Children's Center violated federal law when it terminated an employee with a disability returning to work...more

Sony to Pay $85,000 under Decree Resolving EEOC Disability Discrimination Suit

Electronics Giant Allegedly Engineered Firing of Employee Because of Her Prosthetic Leg - CHICAGO - Sony Electronics, Inc. will pay $85,000 under a consent decree entered in federal court today ending a lawsuit brought...more

EEOC Roundup: November 2014

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

Worker Failed to Show Pretext Following Contract Nonrenewal

The district court properly dismissed a former employee’s retaliation claim under the Americans with Disabilities Act (ADA) because she failed to prove that the employer’s performance-based reasons for her termination were a...more

Perceived Disability Now Recognized Under Connecticut Law

On Monday December 8, 2014, the Connecticut Supreme Court issued its long-awaited decision in the case of Mireille Derosiers v. Diageo North America, Inc. et al. holding that the Connecticut Fair Employment Practices Act (the...more

Legitimate Business Reasons Support Termination, Despite Employee's Recent Complaints of Discrimination

Employers often feel forced to walk on eggshells around employees who have made informal or formal complaints of discrimination, and often go so far as excusing otherwise inappropriate conduct for fear of a retaliation claim...more

Employment Law 101: Americans with Disabilities Act

Who does it apply to: The law applies to all employers with 15 or more employees. What is the issue: It is against the law to discriminate against an employee or a prospective employee based on a disability the person...more

Maxim Healthcare Services Will Pay $75,000 to Settle EEOC Disability Discrimination Suit

Staffing Agency Refused to Hire Qualified Applicant because He Is HIV-Positive, Federal Agency Said - PITTSBURGH -- Maxim Healthcare Services, Inc., a nationwide staffing service for nurses and other health care...more

The Affordable Care Act—Countdown to Compliance for Employers, Week 4: EEOC v. Honeywell and the Future of Wellness Programs

While my entries have focused principally on the employer shared responsibility rules of the Affordable Care Act (ACA), every once in a while an item comes along that nevertheless grabs my attention. The treatment of wellness...more

Angel Medical Center to Pay $85,000 to Settle EEOC Disability Discrimination Suit

Hospital Failed to Accommodate and Then Fired Nurse Undergoing Cancer Treatments, Federal Agency Charged - ASHEVILLE, N.C. - Angel Medical Center, Inc., a full-service critical access hospital located in Franklin,...more

EEOC Roundup: October 2014

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

Care for parent leads to firing

Can an employer terminate an employee out of a belief that the employee is too distracted from his job duties due to caring for a relative with a disability? That was the issue in the recent case, Kourimihelakis v. Hartford...more

EEOC and Chicago-Area Marshmallow Maker Reach Accord in Disability Suit

Doumak Agrees to Modify Leave Policies at Manufacturing Facilities - CHICAGO - Doumak, Inc., a longtime Chicago-area marshmallow manufacturer, has agreed to change its leave policies to resolve a disability...more

Baywood Home Care to Pay $30,000 under Decree Ending EEOC Disability Discrimination Lawsuit

Home Health Care Provider Fired Employee With Fibromyalgia and Osteoarthritis Because of Walking Restrictions, Federal Agency Charged - MINNEAPOLIS - A Minneapolis-area home health care provider will pay $30,000 under...more

10 Tips for Communicating with People with Disabilities in the Workplace

October is National Disability Employment Awareness Month, sponsored by the U.S. Department of Labor’s Office of Disability Employment Policy. The purpose of this national campaign is to raise awareness about disability...more

Disability Access Litigation on the Rise

In an article published recently in The Wall Street Journal (“Disability Lawsuits Against Small Businesses Soar,” October 15, 2014), staff writer Angus Loten reported that accessibility lawsuits brought under the Americans...more

Wal-Mart Stores East Will Pay $72,500 to Settle EEOC Disability Discrimination Lawsuit

Retailer Refused to Reasonably Accommodate Applicant With End-Stage Renal Disease, Federal Agency Charged - BALTIMORE - Wal-Mart Stores East, L.P., will pay $72,500 and provide significant equitable relief to settle a...more

EEOC Sues Sushi at the Lake for Disability Discrimination

Cornelius Restaurant Unlawfully Refused to Hire Applicant Because of Amputated Arm, Federal Agency Charges - CHARLOTTE, N.C. - Greenhouse Enterprise, Inc., dba Sushi at the Lake, which operates a restaurant in...more

2d Cir Extends Williamson County Ripeness "Final Decision" Requirement To ADA Claims

Ah, Williamson County. We've ranted about it before, so we won't do so here (again). But takings mavens know that a property owner must meet two tests before she can raise a takings claim against a state or local government...more

Deciphering Accommodation Requests under the ADA Not Clear Cut

Employers often take appropriate measures to ensure compliance with the Americans with Disabilities Act (ADA). However, ADA compliance efforts may be useless in situations where an accommodation request or disability is not...more

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