News & Analysis as of

Americans with Disabilities Act (ADA) Disability Discrimination Pre-Employment Health Screenings

U.S. Equal Employment Opportunity Commission...

Telecare Sued by EEOC for Disability Discrimination

Mental Health Provider Rejected Qualified Applicant Due to Disability, Federal Agency Charges - SEATTLE – Mental health and psychiatric treatment provider Telecare Mental Health Services of Washington, Inc. violated...more

Laner Muchin, Ltd.

ADA Not Violated By Refusal To Hire Due To Risk Of Future Disability

Laner Muchin, Ltd. on

On October 29, 2019, the Seventh Circuit Court of Appeals held in Shell v. Burlington Northern Santa Fe Railway Company that the Americans with Disabilities Act’s (ADA) definition of “disability” is not met “where an employer...more

Miles & Stockbridge P.C.

Seventh Circuit Rules the ADA Does Not Protect Future Disabilities

Miles & Stockbridge P.C. on

On October 29, 2019, the Seventh Circuit held that Burlington Northern Santa Fe Railway Company (“BNSF”) did not violate the Americans with Disabilities Act (“ADA”) by refusing to hire a job applicant due to his obesity. The...more

U.S. Equal Employment Opportunity Commission...

Reliable Staffing to Pay $25,000 and Change Hiring Policy to Resolve EEOC Discrimination Finding

Staffing Firm Used Unlawful Means to Screen Out Applicants With Disabilities, Federal Agency Charged - INDIANAPOLIS - Reliable Staffing, an Indianapolis staffing firm, will pay $25,000 and furnish other relief to...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Walmart for Discriminatory Hiring Practices at Oklahoma Distribution Center

 Retail Giant Refused to Allow Job Applicant to Take Pre-Hiring Physical Assessment Test Due to Obvious Disability, Federal Agency Charged - ST. LOUIS - Wal-Mart Stores East, LP violated federal law when it declined a job...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Rogers Behavioral Health for Disability Discrimination

Residential Health Facility Rescinded Employment Offer When a Drug Screen Revealed an Applicant's Legally Prescribed Medication - MILWAUKEE - An Oconomowoc, Wis., inpatient residential health facility violated federal law...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Appalachian Wood Products, Inc. For Disability Discrimination

Employer Made Unlawful Medical Inquiries and Refused to Hire Applicants Based on Disability, Federal Agency Charges - JOHNSTOWN, Pa. - Appalachian Wood Products, Inc., a Clearfield, Pa.-based major supplier of cabinet...more

U.S. Equal Employment Opportunity Commission...

JBS Carriers Sued by EEOC For Disability Discrimination

Trucking Company Improperly Screened Out Applicants On The Basis of Disability Federal Agency Charges - DENVER - Trucking firm JBS Carriers, based in Greeley, Colo., violated federal law by using pre-employment screening...more

Holland & Hart - Employers' Lawyers

Asking Employees About Prescription Medicine Use

As an employer, you may be tempted to ask your employees what prescription medications they use and whether their prescription drugs could affect their ability to perform their job. After all, you want to identify any...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Citgo Petroleum Corporation For Disability Discrimination

Lemont Refinery Withdrew Job Offer After Discovering Applicant Had Vision Impairment, Federal Agency Charges - CHICAGO -- Citgo Petroleum Corporation violated federal law when it withdrew a job offer from an applicant...more

U.S. Equal Employment Opportunity Commission...

Amsted Rail to Pay $4.4 Million After Court Ruled It Used Discriminatory Hiring Practices

Denying Employment Based on Carpal Tunnel Screening Was Unlawful, Court Ruled - ST. LOUIS - Amsted Rail Co., Inc., a leading manufacturer of steel castings for the rail industry, will pay $4.4 million and furnish other...more

U.S. Equal Employment Opportunity Commission...

Strataforce Settles EEOC Disability Discrimination Lawsuit

Company Required Applicants to Complete an Unlawful Pre-Offer Health Questionnaire, Federal Agency Charged - INDIANAPOLIS -- Strataforce, a staffing firm with offices in California, Indiana, North Carolina, and South...more

U.S. Equal Employment Opportunity Commission...

All Star Priority Staffing Sued by EEOC For Disability Discrimination

Phoenix Staffing Agency Subjected Applicants to Invasive Pre-Offer Medical Questionnaire And Screened Applicants on the Basis of Their Responses, Federal Agency Charges - PHOENIX - All Star Priority Staffing, LLC, a...more

Miller & Martin PLLC

A Surprising Holding by the Tennessee Supreme Court Regarding Workers' Compensation Retaliation Claims

Miller & Martin PLLC on

On Friday, the Tennessee Supreme Court held in Yardley v. Hospital Housekeeping Systems that applicants are not eligible as a matter of law to assert "failure to hire" claims based on even the admitted fact that the reason...more

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