ADA › Hiring & Firing

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 21, 2013

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

Employment Law Newsletter - May 2013

by Arianna Gleckel, Rachelle E. Hill | Bean, Kinney & Korman, PC on 5/8/2013

In This Issue: - Thinking about Hiring an Unpaid Summer Intern? What You Need to Know - Pets in the Workplace: Should Your Company Open its Doors to Employees’ Furry Friends? - Excerpt from Thinking about...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

Employer’s Judgment About What Constitutes an Essential Job Function Carries Substantial Weight

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/23/2013

Is being licensed to drive a commercial vehicle an “essential function” of a warehouse manager’s position, even though that manager rarely is required to drive? According to the Eighth Circuit Court of Appeals, that answer...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

Restaurant Industry Newsletter - April 2013: Help! I just received a Charge of Discrimination from the EEOC. What is it, and what...

by Todd Aidman | FordHarrison on 4/5/2013

If you just received a charge of discrimination from the Equal Employment Opportunity Commission ("EEOC"), you are not alone. During the EEOC's 2012 fiscal year, 99,412 charges of discrimination were filed. ...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

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

by Peter Felsenfeld | Barger & Wolen on 3/28/2013

The U.S. Equal Employment Opportunity Commission (“EEOC”) has sued retailer Toys “R” Us for failing to provide an interpreter to assist a deaf job applicant during an interview....more

Can My Employer Fire Me After I Have A Received A Workers Compensation Judgment?

by Berry, Sahradnik, Kotzas & Benson on 3/25/2013

A retail worker with a partial permanent disability from a workplace accident applies for a job later in the same company’s warehouse. He’s doing a good job, but when his new boss learns of the workers compensation...more

Employers Beware: Anything Short of a Robust Attempt to Engage in Interactive Process Might Preclude Summary Judgment

by Charlotte Wolfe | Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/28/2013

Several recent cases in the Sixth Circuit Court of Appeals remind employers that their obligation to engage in the interactive process is an increasingly onerous one. First, in Keith v. County of Oakland, No. 11-2276 (6th...more

Recordkeeping Part I

by Michael Kelsheimer | Looper Reed & McGraw, P.C. on 2/25/2013

Who does it apply to: In this edition, it varies according to the requirements of the particular law identified below. I am taking a short two-part break from my regular format to bring you the record keeping requirements...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

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

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

The Second Obama Term: New Employment Protections for LGBT Individuals Possible

by Morgan Lewis on 1/30/2013

President Barack Obama's second term will likely bring new employment protections for lesbian, gay, bisexual, and transgender individuals. President Barack Obama's election in 2008 ushered in a period of increased...more

Legal Alert: Deaf Lifeguard's Disability Claims Against Oakland County Go To Jury

by Roshni Chaudhari | FordHarrison on 1/18/2013

The Sixth Circuit has reversed the decision of a lower court and held that a deaf individual should be permitted to proceed to trial on his claim that a prospective employer discriminated against him on the basis of...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

Can You Be Fired for Using Medical Marijuana?

by Michele Bowman | Lawyers.com on 1/11/2013

In two recent cases, the EEOC settled with employers who had fired workers because of positive drug tests for prescription drugs. But in states where medical marijuana is legal, can employers fire employees who test positive...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

EmployerLINC.com - January 10, 2013: Following the rules does pay off

by Sharolyn Whiting-Ralston | McAfee & Taft on 1/11/2013

My husband frequently makes fun of my innate nature to follow rules. When a sign at the store says don’t carry merchandise into the restroom, I don’t. I go in through the “in” door and out through the “out” door. Boring...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

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

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