Americans with Disabilities Act Disability Discrimination Termination

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

RockTenn to Pay $187,500 to Settle EEOC Disability Discrimination Suit

Human Resources Manager Fired Because of Coronary Artery Disease, Agency Says - DETROIT - A paper and packaging manufacturer with a facility located in Battle Creek, Mich., will pay $187,500 to settle a disability...more

EEOC Requesting Information? Be Wary What You Tell Fellow Employees

Picture this scenario: You come into your office one morning to learn that an employee has filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) claiming that you failed to accommodate...more

USC Responds to Football Coach’s Claims that Termination Was Discriminatory

In October of last year, I wrote in this space about how the firing of Steve Sarkisian as head football coach by the University of Southern California (“USC”) may raise legal issues related to the Americans with Disabilities...more

Employment Law Commentary, January 2016

Alcoholism And Disability Discrimination: Lessons From The USC Coach’s Case - If you have never dealt with an employee who is an alcoholic, rest assured, you will. Alcoholism has been described as the single largest,...more

Seventh Circuit Reiterates Standard for Establishing Substantial Limitation on the Ability to Work

It goes without saying that an employee cannot prevail on a disability discrimination claim unless he is actually disabled. In the context of the Americans with Disabilities Act (ADA), this means that he must show that a...more

Employers Need to Consider Accommodation Requests Made at Any Time During a Disabled Employee’s Employment

Can an employer simply ignore a request by a disabled employee for an accommodation made in a meeting that could lead to the employee’s termination? A recent federal case from Wisconsin says no. In the case, the former...more

DAP Products Sued By EEOC For Disability Discrimination

Construction Products Manufacturer Fired Capable Worker Because of Cancer, Federal Agency Charged - DALLAS - DAP Products, Inc., a Dallas-based business and a leading manufacturer of home repair and construction...more

Something is Rotten at the Pork Roll Company … and it’s not the Pork Rolls: Flatulent Employee (and his Wife) Bring Claims for...

Is passing gas now protected by our anti-discrimination laws? Over the past several years, we have written extensively about the possibility of obesity discrimination lawsuits becoming the next wave of disability...more

Don't Make Too Much Of 9th Circ.'s Mayo V. PCC Ruling

The extent of an employer’s duty to provide reasonable accommodations to employees with mental impairments can be difficult to discern, especially where an adverse action is taken in connection with conduct that is caused by...more

Death Threats Lead To Employer's ADA Victory

It is rare that the most employee-friendly of all federal appellate courts cites “common sense” in support of one of its decisions. The 9th Circuit Court of Appeals recently did just that, however, dismissing a disability...more

Court Shoots Down ADA Discrimination Claim Premised on Employer's Alleged Embarrassment

It would never occur to most employers that "embarrassment" could serve as the grounds for a disability discrimination claim, but that's exactly what an employee attempted to argue in Lester v. City of Lafayette. In this...more

Supervisor Not "Qualified Individual" Under ADA after Failing DOT Medical Certification

Determining the essential functions of a job can be tricky, especially if there is no information or documentation with which to compare and consider. In this case, the U.S. Court of Appeals for the Tenth Circuit considered...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

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

Christian Care Center of Johnson City to Pay $90,000 to Settle EEOC Disability Discrimination Suit

Nursing Home Facility Fired Employee Because of HIV, Federal Agency Charged - JOHNSON CITY, Tenn. - Christian Care Center of Johnson City, Inc., a Johnson City-based nursing home facility, will pay $90,000 and furnish...more

Is An Employee Who Is Six Days out of Rehab “Disabled” Under the TCHRA?

The Texas Commission on Human Rights Act (TCHRA) provides that a “current condition of addiction” to alcohol, drugs, or controlled substances is not a covered “disability.” In Melendez v. Houston Independent School District...more

Last Call! Third Circuit Court Of Appeals Rules That Employer Can Terminate Employee For Violating Strict No Alcohol Return To...

The Third Circuit Court of Appeals recently issued a decision holding that an employer's termination of an employee for violating a very broad and restrictive return to work agreement (RWA), which prohibited the employee from...more

Step Three to Pay $60,000 for EEOC Pregnancy and Disability Discrimination Suit

Hawaii Resort Retailer Disciplined and Fired a Buyer Due to Fertility Treatments and Pregnancy Restrictions, Federal Agency Charged - HONOLULU - Step Three, Ltd., a Hawaiian resort retailer, will pay $60,000 for...more

Oakland Children's Hospital Sued by EEOC for Disability Discrimination

Medical Center Fired Employee with Breast Cancer, Federal Agency Charged - OAKLAND, Calif. - An Oakland-based non-profit regional medical center violated federal law when it failed to accommodate and instead fired an...more

Alorica Pays $135,000 to Settle EEOC Disability Discrimination Suit

Company's Predecessor Unlawfully Fired Employee With Bipolar Disorder and Depression While on Short-Term Disability Leave, Federal Agency Charged - ATLANTA - Alorica Inc., a telesales and data services company that...more

EEOC Sues Saint Joseph’s Hospital for Disability Discrimination

Hospital Refused to Accommodate Nurse's Disability, Refused to Reassign, Then Terminated Her, Federal Agency Charged - TAMPA, Fla. - Saint Joseph's Hospital, part of the BayCare Health System, the second-largest...more

Employer Must Prove Indefinite Leave Is Undue Hardship Under NYCHRL, Says New York’s Highest Court

Can an employee state a claim for a disability discrimination termination when he advises his employer that his return to work date "is indeterminate at this time" and the employer, without further discussion with the...more

EEOC Sues Bank of America for Disability Discrimination Against Deaf Worker

Bank Giant Repeatedly Denied Worker's Requests for a Sign Language Interpreter, Then Fired Her, Federal Agency Charges - LAS VEGAS - Bank of America Corporation, one of the country's largest financial institutions,...more

EEOC Sues Midwest Regional Medical Center For Disability Discrimination

Hospital Fired Employee for Accepting its Offer of a Brief Leave of Absence After Cancer Treatment, Federal Agency Charged - OKLAHOMA CITY, Okla. - Midwest Regional Medical Center, an acute care hospital and for-profit...more

Massachusetts High Court Approves State Law Associational Handicap Discrimination Claim

In a case of first impression, the Massachusetts Supreme Judicial Court (SJC) has approved a worker’s claim under the Commonwealth’s anti-discrimination law, Mass. G.L. c. 151B, that his former employer discriminated against...more

34 Results
|
View per page
Page: of 2
JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×