Equal Opportunity Commission

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

EEOC Issues Revised Publications on the Employment Rights of People with Specific Disabilities

by U.S. Equal Employment Opportunity Commission... on 5/16/2013

WASHINGTON --The U.S. Equal Employment Opportunity Commission (EEOC) today issued four revised documents on protection against disability discrimination, pursuant to the goal of the agency's Strategic Plan to provide...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

Jury Awards $240 Million for Long-Term Abuse of Workers with Intellectual Disabilities

by U.S. Equal Employment Opportunity Commission... on 5/2/2013

Historic Verdict Against Henry's Turkey Service for Men Subjected to Verbal and Physical Harassment, Housed in Substandard Facilities, Denied Medical Care - WASHINGTON - A Davenport, Iowa jury today awarded the U.S....more

EEOC Requires Reasonable Accommodations For Wellness Plans

by Angela Bohmann | Leonard, Street and Deinard - Employee... on 5/1/2013

Many employers are offering wellness programs to employees in connection with their health plans and are aware of the HIPAA regulations that govern such programs. Although employers design their wellness programs to conform...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

Take 5 Newsletter: EEOC Update; Intern Wage and Hour Claims; NLRB Quorum; Unemployment Discrimination; Social Media Passwords

by David Garland | Epstein Becker & Green, P.C. on 4/5/2013

EEOC Releases Letter Addressing Wellness Programs and Reasonable Accommodation Obligations - In a letter issued recently by the Equal Employment Opportunity Commission ("EEOC"), Peggy Mastroianni, the agency's Legal Counsel,...more

Employment Law Commentary -- Volume 25, No. 2 -- February 2013: Is Working from Home a Reasonable Accommodation? “Rarely.”

by David Zins | Morrison & Foerster LLP on 2/26/2013

Modern technology is challenging our conception of the traditional workplace, especially in the service and information sectors. Remote network connections, online videoconferencing, portable Web-enabled devices, and other...more

Take A Deep Breath: Employers May Conduct Random Alcohol Tests

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 2/26/2013

A district court in Pennsylvania held that an employer may require probationary employees in safety sensitive positions to undergo random alcohol testing without violating the Americans with Disabilities Act (ADA) if it can...more

Federal Court Rejects ADA Suit Over Random Alcohol Testing of Probationary Plant Employees

by Amy Karff Halevy, Robert Nichols, Robert E. Sheeder | Bracewell & Giuliani LLP on 2/26/2013

A federal judge in Pennsylvania has dismissed an Equal Employment Opportunity Commission challenge to U.S. Steel Corporation's random alcohol testing of probationary employees at one of the company's most safety sensitive...more

REDC Default Solutions to Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

by U.S. Equal Employment Opportunity Commission... on 2/22/2013

Company Fired Texas Woman Over Post-Stroke Condition, Federal Agency Charged - DALLAS - An Irvine, Calif.-based company will pay $50,000 and furnish other relief to settle a disability discrimination lawsuit brought by...more

Judgment Against AutoZone Affirmed in EEOC Disability Discrimination Case

by U.S. Equal Employment Opportunity Commission... on 2/21/2013

Appeals Court Upholds Injunction and $415,000 Award to Disabled Former Employee - CHICAGO - The U.S. Court of Appeals for the Seventh Circuit has affirmed a $424,000 judgment (including $9,000 in costs) against AutoZone,...more

Employer Beware - Automatic termination policies are illegal. Just ask Sears.

by Michael Gamboli, Kimberly McCarthy, Alicia Samolis | Partridge Snow & Hahn LLP on 2/13/2013

Qualified employees with a disability are entitled to a reasonable accommodation from their employer to enable them to perform the essential functions of their job. One of the most difficult issues employers face is...more

EEOC Sues Florida Construction Security Services for Disability Discrimination and Retaliation

by U.S. Equal Employment Opportunity Commission... on 2/8/2013

Company Fired Employee for Not Wearing Prosthetic Arm, Federal Agency Charged - MIAMI - A Florida full-service asset protection security firm violated federal law by firing an employee because of his disability, a...more

Labor Letter, February 2013: How To Weigh Obesity In Employment Decisions

by Jeff Weintraub | Fisher & Phillips LLP on 2/6/2013

Imagine you are the Hiring Manager for a distribution warehouse and have just begun interviewing applicants for a materials handler position. The first candidate enters the room, standing at a height of 5’4”, weighing more...more

D.O.E. Technologies and doeLegal Will Pay $130,000 to Settle EEOC Disability Discrimination Lawsuit

by U.S. Equal Employment Opportunity Commission... on 2/4/2013

Hard-of-Hearing Employee Fired for Requesting Accommodations, Federal Agency Charged - WILMINGTON, Del. - D.O.E. Technologies, Inc. and a related company, doeLegal, LLC will pay $130,000 and furnish other relief to...more

Kintetsu International Express to Pay $77,500 to Settle EEOC Disability Harassment, Retaliation Suit

by U.S. Equal Employment Opportunity Commission... on 2/4/2013

Supervisor Constantly Degraded Tour Coordinator with Arthritis, Then Forced Her and Co-Worker Out for Reporting Harassment, Federal Agency Charged - HONOLULU, Hawaii - Kintetsu International Express (USA), Inc. - a...more

America's Thrift Stores Pays $50,000 to Settle EEOC Disability Discrimination Suit

by U.S. Equal Employment Opportunity Commission... on 2/1/2013

Company Refused to Accommodate Employee With Joint Condition And Then Fired Her, Federal Agency Charged - BIRMINGHAM, Ala. - America's Thrift Stores of Alabama, Inc. will pay $50,000 and furnish other relief to settle...more

Gannett Companies Settle EEOC Disability Discrimination Lawsuit for Almost $50,000

by U.S. Equal Employment Opportunity Commission... on 1/28/2013

Media Giant Fired Employee Who Returned From Leave for Bipolar Disorder, Federal Agency Charged - PHOENIX -- The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it has settled a disability...more

EEOC Sues Womble Carlyle for Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 1/18/2013

Law Firm Fired Employee Because of Her Lymphatic Condition, Federal Agency Charges - WINSTON-SALEM, N.C. - Womble Carlyle Sandridge & Rice, LLP, a law firm with offices primarily in the southeastern United States,...more

Judge Reverses Prior Rulings Dismissing Case and Allows EEOC Disability Suit Against UPS to Proceed

by U.S. Equal Employment Opportunity Commission... on 1/16/2013

Federal Court Affirms Agency May File Class Complaint Without Complete Information on All Possible Bias Victims CHICAGO - On its own motion, a federal district court reversed itself Friday and denied a defendant's...more

EEOC Sues Fidelity Engineering Corporation for Disability Discrimination and Retaliation

by U.S. Equal Employment Opportunity Commission... on 1/11/2013

HVAC Company Fired Employee Because of Heart Condition and Refused to Rehire Him After He Filed a Discrimination Charge, Federal Agency Said - BALTIMORE - A leading provider of mechanical heating, ventilation and air...more

Your Employer Can’t Fire You for Taking Rx Medication

by Michele Bowman | Lawyers.com on 1/10/2013

An Ohio company has been fined $50,000 by the EEOC after firing an employee who tested positive for prescribed medication for her bipolar disorder. The agency accused the company of violating the Americans with Disabilities...more

EEOC Settles Fourth Disability Discrimination Claim Of The New Year

by Melissa Burdorf | XpertHR - Partnered with LexisNexis on 1/9/2013

J.A. Thomas & Associates, a medical consulting business, has agreed to pay $350,000 to resolve a disability discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC). This is the fourth EEOC...more

McCormick & Schmick’s to Pay $47,814 to Settle EEOC Disability Discrimination Lawsuit

by U.S. Equal Employment Opportunity Commission... on 1/9/2013

Deaf Prep Cook at National Harbor Restaurant Demoted, Harassed, Retaliated Against and Fired, Federal Agency Charged - BALTIMORE - McCormick & Schmick's Seafood Restaurant, Inc. will pay $47,814 and provide other...more

J.A. Thomas & Assoc. Agrees to Pay $350,000 to Settle EEOC Disability Discrimination Suit

by U.S. Equal Employment Opportunity Commission... on 1/8/2013

Health Care Consulting Firm Refused to Rehire Bilateral Amputee, Federal Agency Charged - DETROIT-The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it has resolved its suit against J.A....more

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