Americans with Disabilities Act Equal Employment 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,... 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

EEOC Takes First Step Toward Issuing Rules on Employer-Sponsored Wellness Plans

On March 20, 2015, the Equal Employment Opportunity Commission (“EEOC”) announced its submission of a notice of proposed rulemaking (“NPRM”) on employer-sponsored wellness plans to the White House Office of Management and...more

What Is a "Direct Threat" to Health or Safety Under the ADA?

Most employers understand that the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability. However, an employer may legally decide not to hire an individual with a disability if he or she...more

Hang Tight, Employers — EEOC’s Proposed Wellness Rule Is At The OMB

The EEOC’s much-awaited proposed rule on employer wellness programs, the Americans with Disabilities Act, and the Genetic Information Nondiscrimination Act may finally be on its way....more

Quirky Question #256, Mandating vaccines for employees?

Question: Between the flu and the current measles outbreak, we are considering imposing a requirement on each of our employees to get a flu vaccine each year and either get the MMR vaccine or provide proof that they...more

EEOC Sends Notice of Proposed Rulemaking on ADA and Wellness Programs to OMB for Clearance

WASHINGTON- The U.S. Equal Employment Opportunity Commission (EEOC) on March 20 voted to send a Notice of Proposed Rulemaking (NPRM) on the interplay of the Americans with Disabilities Act (ADA) and the Affordable Care Act...more

Lie Rejecter: Employer's Fraud Defense to Disabled Employee's Claim Fails

It's no secret that in formulating their defense to employment claims, employers often seek to discredit employees' allegations through the employees' own contradictory statements or positions taken. This issue arises most...more

Non-Profit to Pay $309k for ADA Claim

One would assume that a non-profit organization that provides behavioral, rehabilitative and social support services would be adept at complying with the Americans with Disabilities Act (ADA). But, this does not seem to be...more

What’s Your Workplace Retaliation IQ?

It’s been a while since we’ve had an employment law quiz, so let’s do it! This one is on retaliation. As always, the answers will be provided after each question — you have our “no-pressure” guarantee....more

Jewel-Osco to Pay $400,000 to EEOC for its Fees and Costs in Contempt Action

Company's Breach of Earlier Consent Decree Led to Award to Federal Agency - CHICAGO - The U.S. Equal Employment Opportunity Commission (EEOC) today filed notice in U.S. District Court for the Northern District of...more

Are We Being Punked? EEOC Files Disability Discrimination Claim Against Disability Services Provider

The EEOC has filed a lawsuit (EEOC v. ValleyLife, Civil Action No. 2:15-cv-00340-GMS) under the Americans with Disabilities Act (ADA) against ValleyLife, a disability support services company in Arizona, claiming that...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

ACA Countdown to Compliance - 52 Week Series For Employers

In this volume, we have collected the 52 weekly blog posts that comprise the series entitled, The Affordable Care Act—Countdown to Compliance for Employers. The series appeared in the Mintz Levin Employment Matters Blog...more

Wal-Mart to Pay $150,000 to Settle EEOC Age and Disability Discrimination Suit

Keller Store Manager Was Harassed and Fired Because of His Age and Denied Accommodation for His Diabetes, Federal Agency Charged - DALLAS - Wal-Mart Stores of Texas, L.L.C. (Wal-Mart) has agreed to pay $150,000 and...more

EEOC Sues Sims Recycling and All-Star Personnel for Disability Discrimination

International Recycling Company and Staffing Agency Refused to Assign Employee With Hearing Loss, Federal Agency Charges - NASHVILLE, Tenn. - An international electronics recycling company and a local staffing agency...more

Medical Marijuana Use and the ADA – A New Intersect

On behalf of your company, you hire a new employee. As part of the hiring process, the new employee must complete a satisfactory physical examination, including passing a drug test. During the physical exam, the new employee...more

Oakland Children's Hospital Settles EEOC Disability Discrimination Suit

Commission Obtains $300,000 for Employee with Breast Cancer Fired Due to Medical Center's Strict Leave Policy - OAKLAND, Calif. - An Oakland-based non-profit regional medical center has agreed to pay $300,000 to a...more

Benny Boyd Car Dealership to Pay $250,000 to Former Manager in EEOC Settlement

General Manager with Multiple Sclerosis Denied Partnership and Harassed Because of His Disability, Forced to Resign From Dealership, Agency Charged - LUBBOCK, Texas - Benny Boyd Chevrolet-Chrysler-Dodge-Jeep, Ltd.,...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

A Look Back Offers Insights into the Year Ahead for Employers and the EEOC

The Equal Employment Opportunity Commission's (EEOC) litigation and enforcement efforts saw mixed results in FY 2014, highlighting the evolving nature of its Strategic Enforcement Plan (SEP) and the agency's approach to...more

Supreme Court to Determine If Employers Must Provide Accommodations for Pregnant Workers

Women account for 57.2% of the American workforce and are increasingly working throughout their pregnancies. While most pregnant women require no changes in their jobs, some — particularly those with physically demanding...more

Drug Testing: Dot Every "i" and Cross Every "T" -

It seems unlikely that anyone who could pass a drug test would disagree that Iowa’s drug testing statute is complicated and difficult to administer. Iowa Code § 730.5, which relates to private sector drug and alcohol testing,...more

Cleaning Authority of Plainfield to Pay $15,000 to Resolve EEOC Disability Suit

House Cleaning Service Subjected Employee to Unlawful Inquiries and Harassment Based on Abnormal Gait, Federal Agency Charged - CHICAGO - Mont Brook, Inc., doing business as The Cleaning Authority of Plainfield, will...more

Another Employer Pays For “Sorry, I Can’t Go”

Last October, I posted about a consent decree entered into between Wal-Mart and the Equal Employment Opportunity Commission, in which Wal-Mart agreed to pay $72,500 to candidate for a store job in Maryland whose offer was...more

School Teacher With Breast Cancer Could Proceed With Disability Discrimination Lawsuit

Lauralyn Swanson was a teacher for the Yucca Valley Elementary School who was diagnosed with breast cancer and underwent a mastectomy. After the district’s board of education voted not to renew Swanson’s contract, Swanson...more

Examining Return-To-Work Issues Under The FMLA

I frequently receive calls from clients involving an employee who is about to use up all of his medical leave, but who has little chance of returning to work — either at the end of his 12-week Family and Medical Leave Act...more

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