News & Analysis as of

Americans with Disabilities Act (ADA) Disability Discrimination

Bradley Arant Boult Cummings LLP

ADA Speed Bump Ahead: Steer Clear of Eliminating Essential Functions

When is driving an essential function of a job? What if the employee drives herself to customers’ homes to provide services and now wants to use alternative modes of transportation? What if the employee’s request is because...more

Flaster Greenberg PC

Employers and Developers Must Collaborate to Prevent Screen Outs of Candidates with Disabilities

Flaster Greenberg PC on

This blog focuses on the EEOC’s Technical Guidance on Artificial Intelligence and the ADA and the issue of “Screen Out.” Specifically, what Automated Employment Decision Making Tool (AEDT) developers and employers use to...more

Bradley Arant Boult Cummings LLP

Avoid the Naughty List: Eighth Circuit Insight into Handling Requests for Reasonable Accommodations under the ADA

We can’t pass up the opportunity to encourage you to stay off the naughty list by telling you about this Eighth Circuit case offering guidance on working with your employees who request ADA accommodations. In Joseph Mobley v....more

Bradley Arant Boult Cummings LLP

Ninth Time Is Not the Charm: Eighth Circuit Denies Serial-Requesting Plaintiff’s ADA Claim

We are all familiar with the phrase “No good deed goes unpunished.” That apparently is the theme of an Eighth Circuit opinion reviewing an employee’s suit alleging that she was improperly denied an accommodation under the...more

Poyner Spruill LLP

Fourth Circuit Issues Decision Favorable to Employer on ADA Accommodation

Poyner Spruill LLP on

The Americans with Disabilities Act (ADA) generally prohibits covered employers from discriminating against employees or applicants on the basis of disability. One form of such discrimination is failing to provide reasonable...more

Cranfill Sumner LLP

What is a Reasonable Accommodation in the Workplace?

Cranfill Sumner LLP on

Under the Americans with Disabilities Act (ADA), employers with 15 or more employees are prohibited from discriminating against a qualified individual on the basis of disability. A covered employer is required, absent an...more

Cranfill Sumner LLP

What is a Disability Under the Americans With Disabilities Act

Cranfill Sumner LLP on

The Americans with Disabilities Act (the “ADA”) seeks to eliminate unwarranted discrimination against disabled individuals in order to guarantee those individuals equal opportunities and to provide the United States with the...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues LTI Services for Sex Discrimination 

Staffing Agency Refused to Hire Qualified Female Applicants as Receiving Associates, Federal Agency Charges - INDIANAPOLIS - LTI Services, LLC, a staffing agency which serves the northern Indiana and Chicago areas, violated...more

Parker Poe Adams & Bernstein LLP

Medical Evidence Not Necessary to Prove ADA Disability

Under the Americans with Disabilities Act, plaintiffs have the burden of demonstrating they have a disability that results in a significant impairment of a major life activity. Since adoption of the ADA Amendments Act (ADAAA)...more

FordHarrison

Superhero Amputee Wrestles with Work Limits, Disability Harassment

FordHarrison on

Discrimination under the ADA is defined as the failure of an employer to make reasonable accommodation to an otherwise qualified individual with a disability....more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Titus-Will Ford For Disability Discrimination

Tacoma Dealership Fired Salesman Diagnosed with Brain Tumor - SEATTLE -Titus-Will Ford, a Tacoma car dealership, violated federal law when it fired an employee immediately after he was diagnosed with a brain tumor, the...more

U.S. Equal Employment Opportunity Commission...

EEOC and Cumbres & Toltec Scenic Railroad Conciliate Disability Discrimination Charge

Heritage Railroad Failed to Adequately Assess Accommodation for Applicant, Federal Agency Charged - DENVER - Cumbres & Toltec Scenic Railroad (C&TS) has agreed to conciliate a disability discrimination charge with the...more

U.S. Equal Employment Opportunity Commission...

Signature Industrial to Pay $135,000 To Settle EEOC Disability Discrimination Suit

Petro-Chemical Contractor Fired Brothers Because of Their Blood Disorder, Federal Agency Charged - HOUSTON - A Beaumont manufacturing company has agreed to pay $135,000 and to provide other significant relief to settle a...more

U.S. Equal Employment Opportunity Commission...

Mueller Industries Settles EEOC Class Disability Discrimination Lawsuit For $1 Million

Company's Strict Enforcement of 180-Day Maximum Leave and Attendance Policies Disadvantages Workers With Disabilities, Federal Agency Says - LOS ANGELES - The U.S. Equal Employment Opportunity Commission (EEOC) announced...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues IDEC Corporation for Disability Discrimination

llinois Manufacturer Fired Employee Because It Regarded Him as Disabled, Federal Agency Charges - CHICAGO - IDEC Corporation, a worldwide industrial device manufacturer, unlawfully fired an employee at its East Dundee,...more

U.S. Equal Employment Opportunity Commission...

Capstone Logistics to Pay $50,000 To Settle EEOC Disability Discrimination Suit

Company Refused to Hire Qualified Applicant Because He Is Deaf, Federal Agency Said - BALTIMORE -- Capstone Logistics LLC, a Norcross, Ga.-based manufacturing and distribution company, will pay $50,000 and provide...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Zachry Construction Corporation For Disability Discrimination

Contractor Used Medical Questionnaires and Exams to Weed Out Employees With Potential Medical Issues, Federal Agency Charges - BIRMINGHAM, Ala. - Zachry Construction Corporation, a San Antonio-based construction and...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Illinois Action for Children for Disability Discrimination

Employer Fired Employee with Cancer Instead of Granting Request for Medical Leave, Federal Agency Charges - CHICAGO - Illinois Action for Children fired an employee who was on leave receiving treatment for breast cancer...more

Seyfarth Shaw LLP

Summary Judgment Denied For Employer Who Circulated Letter About Employee’s Disability Discrimination Charge

Seyfarth Shaw LLP on

Seyfarth Synopsis: After an employer circulated a letter to 146 employees discussing an employee’s EEOC Charge that alleged discrimination on the basis of his disability in violation of the ADA, a federal district court in...more

U.S. Equal Employment Opportunity Commission...

KB Staffing Settles Disability Discrimination Suit

Company Agreed to Change its Practices and Compensate Victims of Policy Requiring Unlawful Pre-Offer Health Questionnaire - TAMPA, Fla. - KB Staffing LLC, a staffing firm servicing central Florida, will create a class...more

Bradley Arant Boult Cummings LLP

DOH! Nuclear Safety Regs Trump ADA Accommodation Request (Thankfully)

In a battle between a mentally ill employee seeking accommodation for his job at a nuclear plant and federal nuclear safety codes—-which wins out? The Third Circuit Court of Appeals ended up going with safety codes....more

FordHarrison

Third Circuit Affirms Judgment in Favor of Employer in ADA Action, Finding that Compliance with NRC Regulations Justified...

FordHarrison on

Recently, the United States Court of Appeals for the Third Circuit in McNelis v. Pennsylvania Power & Light Company affirmed the district court’s grant of summary judgment to the employer in a lawsuit alleging disability...more

Akerman LLP - HR Defense

Dogged by Dogs at Work: Barking Up the Wrong Tree?

Suppose you hire Kristin Chenoweth to be your new TV show host, and she shows up on the set with her dog Thunder, claiming she needs the dog for emotional support. Must you allow this distraction?...more

U.S. Equal Employment Opportunity Commission...

Horizontal Well Drillers Sued by EEOC For Age And Disability Discrimination In Hiring

Oklahoma Oil Drilling Company Also Made Unlawful Inquiries Into Applicants' Past Workers' Compensation Claims and Committed Other Violations, Federal Agency Charges - ST. LOUIS - Horizontal Well Drillers (HWD), an oil and...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Dependable Health Services For Disability Discrimination

Health Care Staffing Agency Fired Phlebotomist With Sickle-Cell Anemia, Federal Agency Charges - BALTIMORE - Dependable Health Services, Inc., a health care staffing agency, violated federal law when it fired an employee...more

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