Americans with Disabilities Act Discrimination 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,... 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

Disabilities that pose a ‘direct threat’ in the workplace

The Americans with Disabilities Act (ADA) prohibits employment discrimination on the basis of disability. The ADA also requires employers to reasonably accommodate disabled individuals who are qualified for a position....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

EEOC Roundup: January 2015

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...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

Employee who quit during interactive process cannot pursue ADA claim

A federal appeals court recently decided against an employee who failed to satisfy her obligation to cooperate in the interactive process with her employer when searching for a reasonable accommodation for her disability....more

Fifth Circuit Adopts Standard in Disability Cases That Will Make it Harder for Employers to Obtain Summary Judgment

In Equal Employment Opportunity Commission v. LHC Group Inc., the Fifth Circuit Court of Appeals evaluated a trial court’s grant of summary judgment to an employer on an employee’s disability discrimination claims. In...more

CA Supreme Court: New Duties for Businesses Regarding Having Defibrillators on-site; and Whether Anti-Discrimination Statutes Also...

California Rule of Court 8.548 permits the Ninth Circuit to certify questions of California state law to the California Supreme Court. On average, this happens a handful of times per year. Over the past five years, the...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

EEOC Roundup: November 2014

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

EEOC and Chicago-Area Marshmallow Maker Reach Accord in Disability Suit

Doumak Agrees to Modify Leave Policies at Manufacturing Facilities - CHICAGO - Doumak, Inc., a longtime Chicago-area marshmallow manufacturer, has agreed to change its leave policies to resolve a disability...more

Baywood Home Care to Pay $30,000 under Decree Ending EEOC Disability Discrimination Lawsuit

Home Health Care Provider Fired Employee With Fibromyalgia and Osteoarthritis Because of Walking Restrictions, Federal Agency Charged - MINNEAPOLIS - A Minneapolis-area home health care provider will pay $30,000 under...more

Suncup / Gregory Packaging Sued by EEOC for Disability Discrimination

Company Admits It Fired Employee Because of Physical Impairment, Federal Agency Charges - NEWNAN, Ga. - Gregory Packaging, Inc., a nationwide manufacturer and distributor of juice products to school districts and...more

EEOC Sues First Title & Escrowand Related Companies for Disability Discrimination

Settlement Services Companies Revoked Part-Time Schedule and Terminated Employee Who Needed Dialysis, Federal Agency Charges - BALTIMORE - Rockville, Md.-based First Title & Escrow, Inc. and its related companies that...more

An Employer Should Never Ask About Disability Or Religion. Except When It Should.

Everybody knows that an employer should never, ever, ever ask an applicant about religion or disability until after a conditional offer of employment has been made. And maybe not even then. Right?...more

Brookdale Senior Living Communities Sued by EEOC for Disability Discrimination and Retaliation

Employer Refused to Accommodate and Fired Former Health & Wellness Director, Federal Agency Says - DENVER - Brookdale Senior Living Communities, Inc., a Delaware corporation based in Brentwood, Tenn., violated the...more

EEOC Sues McLeod Health for Disability Discrimination

Non-Profit Medical Institution Subjected Employee to Illegal Medical Examinations And Fired Her in Violation of Federal Law, Federal Agency Charges - FLORENCE, S.C. - McLeod Health, Inc., a South Carolina regional...more

EEOC Disability Case Against Sony to Proceed, Federal Judge Orders

Judge Also Refuses to Admit Evidence Sony Collected in Violation of HIPAA - CHICAGO - U.S. District Judge James B. Zagel of the Northern District of Illinois has issued an order denying a motion by Sony for a pre-trial...more

Popeye's Chicken Franchisee to Pay $25,000 to Settle EEOC Disability Discirmination Lawsuit

Longview Fast Food Restaurant Refused to Hire HIV-Positive Applicant Despite His Qualifications, Federal Agency Charged - TYLER, Texas - Famous Chicken of Shreveport, L.L.C. a Popeye's Chicken franchisee, has agreed to...more

Smurfit-Stone Container Corporation Pays $20,000 to Settle EEOC Disability Discrimination Lawsuit

Company Now Known as RockTenn CP, LLC Fired Employee Because of His Disability, Federal Agency Charged - FLORENCE, S.C. - RockTenn CP, LLC formerly known as Smurfit-Stone Container Corporation, will pay $20,000 and...more

EEOC Sues Erie Strayer Company for Disability Discrimination

Erie Equipment Supplier Made Unlawful Medical Inquiries and Engaged in Retaliation, Federal Agency Charges - PITTSBURGH - The Erie Strayer Company, an Erie-Pa.-based construction equipment supplier, violated federal...more

Employment Law: The Devil is in the Details

Employment law, perhaps more than other areas of law, is highly fact-specific. A small change in any of the facts will often alter the analysis and outcome of the case. In part, this is because employment relationships are...more

Week in Review

We hope you had a happy 4th of July weekend! Last week’s news included more employees making headlines for their misuse of social media. The links below highlight three cases in which employees’ social media activity or...more

Bypass ADA Interactive Accommodation Process At Your Peril

Discrimination claims are expensive to defend. If they reach a jury, the results are often unpredictable. That’s one reason employers need to do everything within their power to preserve the option to file a motion for...more

Fort Worth Center of Rehabilitation to Pay $30,000 to Settle Disability Discrimination Lawsuit

Healthcare Facility Denied Applicant in Renal Failure Reasonable Accommodation for Her Disability, Federal Agency Charged - DALLAS - A Fort Worth-based health care facility will pay $50,000 and furnish other relief to...more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 45: What Is A Disability?

Ever since disability discrimination became illegal, the most pressing question has been how to define a disability. One of the first issues the courts faced was how to deal with disabilities that could be corrected with...more

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