ADA › 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, 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 Files Class Genetic Information Discrimination Suit Against Corning Rehab Center

by U.S. Equal Employment Opportunity Commission... on 5/17/2013

Founders Pavilion Violated Federal Law by Asking for Genetic Information From Applicants and Employees, Federal Agency Charges - NEW YORK - The Founders Pavilion, Inc., a Corning, N.Y., nursing and rehabilitation...more

Did You Know…EEOC Clarified That “Disability” Within The Meaning Of The ADA Now Includes Cancer, Diabetes, Epilepsy, And...

by Katie Briscoe | Nossaman LLP on 5/17/2013

Recently, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its informal guidance on how the Americans with Disabilities Act (“ADA”) applies to job applicants or employees with cancer, diabetes, epilepsy, and...more

BMO Harris Bank to Pay $400,000 to Resolve EEOC Disability Lawsuit

by U.S. Equal Employment Opportunity Commission... on 5/14/2013

Federal Agency Says Bank's Medical Leave Policy Violated the Americans with Disabilities Act - CHICAGO - BMO Harris Bank will pay $400,000 to a group of 14 former employees under a consent decree entered on May 2,...more

Employer Wellness Programs Need Guidance to Avoid Discrimination

by U.S. Equal Employment Opportunity Commission... on 5/9/2013

Panel of Experts Tells EEOC of Need to Clarify Interplay Between Programs, Anti-Discrimination Laws - WASHINGTON-Wellness programs are an increasingly common feature of employee benefits programs, and guidance is...more

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

Termination For Failure To Admit Prior Drug Addiction Does Not Violate ADA

by David B. Weisenfeld | XpertHR - Partnered with LexisNexis on 5/2/2013

An employer that terminated an employee for concealing his prior drug addiction on a job application to be a security guard did not violate the Americans with Disabilities Act (ADA), the 3rd Circuit Court of Appeals has...more

Does Partial Deafness Constitute a Disability Under the ADAAA? The Question Remains Unanswered

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/29/2013

A federal court in Pennsylvania recently dismissed a lawsuit filed by a female newspaper page designer who claimed that she was laid off because of her gender and her deafness in one ear. Mengel v. Reading Eagle Company, No....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

The Employment Law Authority - March/April 2013

by Nicole Brooks, Lee Gibbs Depret-Bixio, Wade Fricke, Matthew J. Kelley, Andrew W. Merrills, Stephen A. Riga | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/19/2013

In This Issue: - Immigration. Washington takes the first step toward immigration reform. - State Round-Up. Learn about the latest employment law news in your state. - Traditional. Wade Fricke and Matthew Kelley...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

Dependable Health Services to Pay $40,000 to Settle EEOC Disability Discrimination Lawsuit

by U.S. Equal Employment Opportunity Commission... on 4/3/2013

Former Administrative Assistant Fired After Experiencing Stroke-Like Symptoms, Federal Agency Said - SAN ANTONIO - San Antonio-based Dependable Health Services, Inc. (DHS), which provides contract workers to U.S....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

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ADA › Discrimination

EEOC Files Class Genetic Information Discrimination Suit Against Corning Rehab Center

Did You Know…EEOC Clarified That “Disability” Within The Meaning Of The ADA Now Includes Cancer, Diabetes, Epilepsy, And...

BMO Harris Bank to Pay $400,000 to Resolve EEOC Disability Lawsuit

Employer Wellness Programs Need Guidance to Avoid Discrimination

Fort Worth Center of Rehabilitation Sued by EEOC for Disability Discrimination

SITA Information Networking Computing USA Settles EEOC Disability Discrimination Suit

Termination For Failure To Admit Prior Drug Addiction Does Not Violate ADA

Does Partial Deafness Constitute a Disability Under the ADAAA? The Question Remains Unanswered

Baptist Health South Florida Sued by EEOC for Disability Discrimination

The Employment Law Authority - March/April 2013

EEOC Sues Wal-Mart for Sexual Harassment, Retaliation and Disability Discrimination

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

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

Dependable Health Services to Pay $40,000 to Settle EEOC Disability Discrimination Lawsuit

Are You Considering Conditioning A Job Offer On An Agreement That The Applicant's Disabled Dependent Won't Enroll In The Health...

Calling a Co-Worker “Stupid” Not Enough to Prove “Disability”, Court Says

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

EEOC Sues Presbyterian Healthcare for Disability Discrimination

Supervalu/Jewel Food Held in Contempt for Breaching Consent Decree Settling Earlier EEOC Disability Discrimination Suit

Outback Steakhouse to Pay $65,000 to Settle EEOC Disability Discrimination Lawsuit

Second Circuit Holds That Whether On-Time Attendance Is an Essential Function Is a Fact-Based Determination

Identical Lawsuits Filed Against Eight Hotels Under Recent Pool Lift Regulation

EEOC Sues Toys “R” Us for Disability Discrimination

How Flexible Are You? Stretching the Boundaries with a Remote Workforce

Employer Has No Obligation to Provide “Light Duty” Assignment Under FMLA or ADA

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