ADA › 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, 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.

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News & Analysis as of May 20, 2013

Record $240M Award for Abuse of Disabled Workers Slashed to $1.6M

by Sylvia Hsieh | Lawyers.com on 5/20/2013

A jury verdict earlier this month to mentally disabled workers who were abused and forced to live in a “house of horrors” has been drastically slashed after trial....more

Did You Know…EEOC Clarified That “Disability” Within The Meaning Of The ADA Now Includes Cancer, Diabetes, Epilepsy, And...

by Katie Briscoe | Nossaman LLP on 5/17/2013

Recently, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its informal guidance on how the Americans with Disabilities Act (“ADA”) applies to job applicants or employees with cancer, diabetes, epilepsy, and...more

BMO Harris Bank to Pay $400,000 to Resolve EEOC Disability Lawsuit

by U.S. Equal Employment Opportunity Commission... on 5/14/2013

Federal Agency Says Bank's Medical Leave Policy Violated the Americans with Disabilities Act - CHICAGO - BMO Harris Bank will pay $400,000 to a group of 14 former employees under a consent decree entered on May 2,...more

EEOC Signals Increased Focus on Employer-Sponsored Wellness Programs

by Martha J. Zackin | Mintz Levin - Employment, Labor & Benefits on 5/9/2013

A majority of US employers offer some sort of wellness program designed to reduce the cost of health insurance and healthcare costs, and to improve the health and well-being of employees. However, unless care is taken, even...more

Employer Wellness Programs Need Guidance to Avoid Discrimination

by U.S. Equal Employment Opportunity Commission... on 5/9/2013

Panel of Experts Tells EEOC of Need to Clarify Interplay Between Programs, Anti-Discrimination Laws - WASHINGTON-Wellness programs are an increasingly common feature of employee benefits programs, and guidance is...more

Fort Worth Center of Rehabilitation Sued by EEOC for Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 5/8/2013

Health Care Facility Refused to Allow Alternate Form of Drug Testing as a Reasonable Accommodation for Applicant with Renal Failure, Agency Charged - DALLAS - The Fort Worth Center of Rehabilitation violated federal...more

SITA Information Networking Computing USA Settles EEOC Disability Discrimination Suit

by U.S. Equal Employment Opportunity Commission... on 5/8/2013

Company Withdrew Job Offer Because of Cancer Surgery, Federal Agency Charged - ATLANTA - An Atlanta-based air transport communications and information technology company has agreed to settle a disability discrimination...more

Probat/Bauermeister to Pay $100,000 to Settle EEOC Disability Discrimination Lawsuit

by U.S. Equal Employment Opportunity Commission... on 5/8/2013

German Companies Fired Memphis Employee Due to Bipolar Disorder, Federal Agency Charged - MEMPHIS, Tenn. - Probat, Inc. and Probat Burns, Inc., d/b/a Bauermeister, Inc., German-based companies which roast and grind...more

Pregnancy and Disability Discrimination the Focus of EEOC Enforcement Activity

by Robert Meyer, David L. Woodard | Poyner Spruill LLP on 4/30/2013

Since Congress’ enactment of amendments to the Americans with Disabilities Act (ADA) in 2008, making it easier to establish disability status under that law, the EEOC has directed more of its attention to claims of pregnancy...more

Pennsylvania Court Denies Certification Of Disability Discrimination Claims

by Greg Mersol | BakerHostetler on 4/30/2013

In the vast majority of discrimination cases, there is little dispute over whether the plaintiff is actually in a protected group. For example, in sex discrimination cases, for the most part, they are either male or female;...more

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

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/29/2013

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

Baptist Health South Florida Sued by EEOC for Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 4/24/2013

Physician With Epilepsy Denied a Reasonable Accommodation and Fired by Coral Gables Doctor's Hospital, Federal Agency Charged - MIAMI - Baptist Health South Florida, a Miami-based hospital system, violated federal law...more

AVT to Pay $50,000 to Settle EEOC Disability Discrimination Case

by U.S. Equal Employment Opportunity Commission... on 4/17/2013

Waconia Manufacturer Fired Employee After a Week in Hospital, Federal Agency Charged - MINNEAPOLIS - Applied Vacuum Technology (AVT), a Waconia, Minn.-based company that manufactures a full line of vacuum hardware,...more

EDSI to Pay $70,000 to Settle EEOC Pregnancy & Disability Discrimination Suit

by U.S. Equal Employment Opportunity Commission... on 4/17/2013

Company Fired Pregnant Worker & Her Husband for Reporting Discrimination - LAS VEGAS-Engineering Documentation Systems, Inc. (EDSI) agreed to pay $70,000 and to implement anti-discrimination measures to settle a ...more

EEOC Sues Wal-Mart for Sexual Harassment, Retaliation and Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 4/12/2013

Developmentally Disabled Walmart Employee in Akron Store Fired for Complaining About Sexual Touching, Federal Agency Charges - CLEVELAND - Wal-Mart Stores East, L.P. violated federal law by allowing a male employee...more

Dependable Health Services to Pay $40,000 to Settle EEOC Disability Discrimination Lawsuit

by U.S. Equal Employment Opportunity Commission... on 4/3/2013

Former Administrative Assistant Fired After Experiencing Stroke-Like Symptoms, Federal Agency Said - SAN ANTONIO - San Antonio-based Dependable Health Services, Inc. (DHS), which provides contract workers to U.S....more

Are You Considering Conditioning A Job Offer On An Agreement That The Applicant's Disabled Dependent Won't Enroll In The Health...

by Beth Alcalde | Akerman Senterfitt on 4/3/2013

Traditional employment laws often interact with traditional employee benefit laws. One such example is the Americans with Disabilities Act (ADA)'s impact on employer-sponsored group health plans. As group health plan costs...more

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ADA › Disability Discrimination

Record $240M Award for Abuse of Disabled Workers Slashed to $1.6M

Did You Know…EEOC Clarified That “Disability” Within The Meaning Of The ADA Now Includes Cancer, Diabetes, Epilepsy, And...

BMO Harris Bank to Pay $400,000 to Resolve EEOC Disability Lawsuit

EEOC Signals Increased Focus on Employer-Sponsored Wellness Programs

Employer Wellness Programs Need Guidance to Avoid Discrimination

Fort Worth Center of Rehabilitation Sued by EEOC for Disability Discrimination

SITA Information Networking Computing USA Settles EEOC Disability Discrimination Suit

Probat/Bauermeister to Pay $100,000 to Settle EEOC Disability Discrimination Lawsuit

Pregnancy and Disability Discrimination the Focus of EEOC Enforcement Activity

Pennsylvania Court Denies Certification Of Disability Discrimination Claims

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

Baptist Health South Florida Sued by EEOC for Disability Discrimination

AVT to Pay $50,000 to Settle EEOC Disability Discrimination Case

EDSI to Pay $70,000 to Settle EEOC Pregnancy & Disability Discrimination Suit

EEOC Sues Wal-Mart for Sexual Harassment, Retaliation and Disability Discrimination

Dependable Health Services to Pay $40,000 to Settle EEOC Disability Discrimination Lawsuit

Are You Considering Conditioning A Job Offer On An Agreement That The Applicant's Disabled Dependent Won't Enroll In The Health...

Calling a Co-Worker “Stupid” Not Enough to Prove “Disability”, Court Says

EEOC Sues Toys “R” Us On Behalf of Deaf Job Applicant

EEOC Sues Presbyterian Healthcare for Disability Discrimination

Supervalu/Jewel Food Held in Contempt for Breaching Consent Decree Settling Earlier EEOC Disability Discrimination Suit

Outback Steakhouse to Pay $65,000 to Settle EEOC Disability Discrimination Lawsuit

Second Circuit Holds That Whether On-Time Attendance Is an Essential Function Is a Fact-Based Determination

Identical Lawsuits Filed Against Eight Hotels Under Recent Pool Lift Regulation

EEOC Sues Toys “R” Us for Disability Discrimination

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