News & Analysis as of

Americans with Disabilities Act (ADA) Reasonable Accommodation

U.S. Equal Employment Opportunity Commission...

All Day Medical Care Clinic, LLC Agrees to Pay $75,000 to Resolve EEOC Disability Discrimination Suit

Medical Practice Resolves Action in Which it Fired Disabled Employee Rather Than Accommodate Her - GAITHERSBURG, Md. — All Day Medical Care Clinic, LLC., a healthcare provider offering a variety of medical specialists who...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Osmose Utilities Services for Disability Discrimination and Retaliation

Federal Agency Charges Utility Service Provider Failed to Provide Reasonable Accommodation and Fired Employee Because of Her Disability - ATLANTA – Osmose Utilities Services, Inc., a provider of services and products to...more

U.S. Equal Employment Opportunity Commission...

ASHN and Beaumont ASHN to Pay $65,000 in EEOC Disability Discrimination Lawsuit

Settles Federal Suit Charging Home Health Care Companies Failed to Reasonably Accommodate In-Home Therapist Using Ridesharing - DETROIT – Alternate Solutions Health Network, LLC, and its affiliated entity Beaumont ASHN,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Children’s Healthcare of Atlanta for Disability Discrimination

Says Children’s Hospital Rescinded Job Offer to Applicant Seeking a Disability-Related Accommodation - ATLANTA – Children’s Healthcare of Atlanta, Inc. (CHOA), a pediatric health care system based in Atlanta, violated...more

Parker Poe Adams & Bernstein LLP

Third Circuit Says Temporary Impairment Qualifies as ADA Disability

Last month, we reported on a decision from the Sixth Circuit Court of Appeals (which includes Tennessee) concluding that an employee’s asthma did not constitute a protected disability under the Americans with Disabilities...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Pace Southeast Michigan for Disability Discrimination

Says Adult Care Provider Refused to Reasonably Accommodate Employees Returning From FMLA - DETROIT– PACE Southeast Michigan, a company providing all-inclusive care for the elderly, violated federal law at multiple...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Continues Trend in Finding Teachers Must Be Able to Work in Person

During the COVID-19 pandemic, we saw a number of federal court decisions involving disability discrimination claims from teachers who requested full-time remote work as an accommodation for compromised immune systems or other...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Wabash National for Pregnancy Discrimination

First Federal Lawsuit Claiming Violation of New Pregnant Workers Fairness Act - INDIANAPOLIS – Wabash National Corporation, a nationwide producer of semi-trailers and other commercial trucking equipment, violated federal...more

Genova Burns LLC

Reminder To Employers: Even Temporary Impairments Can Be A Disability Under The Law

Genova Burns LLC on

Last week’s decision by the Third Circuit Court of Appeals, Morgan v. Allison Crane & Rigging LLC, stands as a reminder to employers to exercise caution in how they navigate accommodating employees with temporary medical...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues FedEx For Disability Discrimination

Federal Lawsuit Charges FedEx With An Unlawful 100%-Healed Policy Against Drivers With Medical Restrictions - MINNEAPOLIS – The Federal Express Corporation (FedEx), a global shipping and logistics company, violated federal...more

Constangy, Brooks, Smith & Prophete, LLP

Workplace drug/alcohol policies in a legal weed world: 10 easy steps

Easy? Ha! Last week, I posted about “fun” facts related to drugs and alcohol in the workplace. That post was an prelude to what I’ll talk about today: What employers ought to do. As I pointed out last week, marijuana is...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues AG Equipment for Religious and Disability Discrimination

Federal Lawsuit Says Manufacturer Failed to Allow Any Exceptions to Vaccination Policy - TULSA, Okla. – AG Equipment Company, a Broken Arrow, Oklahoma compressor packaging manufacturer, violated federal law when it fired...more

Weber Gallagher Simpson Stapleton Fires &...

Diversity Matters Newsletter Summer 2024 Edition

“Nothing worth having comes easy.” -President Theodore Roosevelt Working towards real diversity, equity, and inclusion in the workplace should not be easy. In fact, it should be an uncomfortable, arduous journey where...more

Constangy, Brooks, Smith & Prophete, LLP

Don't use AI to get around the ADA!

Warning -- I'm about to go on a rant. Do you ever read something in the news that just makes you go, "Sheesh, people!!!" Or words to that effect? And, no, I am not talking about the Presidential Election. The Wall Street...more

FordHarrison

The U.S. Mental Health Crisis and the Workplace

FordHarrison on

Real World Impact: This is the first in a series of Alerts that will provide guidance to employers on navigating the complicated mix of concerns that can arise when dealing with employee mental health issues....more

Proskauer - California Employment Law

Employee Who Wanted To Donate/Freeze Her Eggs Was Not Protected By Pregnancy Statute

Erika Paleny alleged harassment, discrimination and retaliation after informing her manager that she would be undergoing oocyte retrieval procedures so she could donate and freeze her eggs for her potential use at some...more

U.S. Equal Employment Opportunity Commission...

ABM Resolves EEOC Disability Charge

Settles Federal Charge Finding Company Did Not Communicate with Deaf Worker Who Requested Accommodation - SACRAMENTO, Calif. – ABM Industry Groups has agreed to provide $52,000 and injunctive relief to a deaf worker...more

Parker Poe Adams & Bernstein LLP

Failure to Provide Employee With Private Office May Have Violated ADA Accommodation Requirements

Last week, we reported a federal appellate decision finding that an employee who insisted on working remotely failed to demonstrate a violation of the Americans with Disabilities Act because he would not consider alternative...more

Constangy, Brooks, Smith & Prophete, LLP

Reasonable accommodation and the ADA: Top 8 rules for employers

If you follow these, you should be in great shape. Reasonable accommodation under the Americans with Disabilities Act continues to flummox many employers. But it shouldn’t be that hard, at least not in most cases. Here are...more

U.S. Equal Employment Opportunity Commission...

Pilot Air Freight to Pay $400,000 to Settle Disability Discrimination Lawsuit

International Freight Company Settles Claim It Fired Manager Because of His Cancer - ATLANTA – Pilot Air Freight, LLC, an international freight shipping and logistics company, will pay $400,000 and provide other relief to...more

Farella Braun + Martel LLP

Pregnant Workers Fairness Act: What California Employers Need to Know

In 2023, the U.S. Congress passed the Pregnant Workers Fairness Act (“PWFA”) and, in June 2024, the Equal Employment Opportunity Commission’s (“EEOC’s”) regulations interpreting the PWFA took effect. In general, the PWFA...more

Epstein Becker & Green

A New Prescription for Access: The Department of Justice Celebrates Anniversary of the ADA by Finally Issuing Title II Medical...

Epstein Becker & Green on

To honor the 34th anniversary of the Americans with Disabilities Act (ADA), on July 26, 2024, the U.S. Department of Justice (DOJ) signed a long-awaited final rule to improve access to medical diagnostic equipment (MDE) for...more

Parker Poe Adams & Bernstein LLP

Employee's Failure to Engage on Accommodation Alternatives Dooms ADA Claims

Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to disabled workers, but not necessarily the accommodation favored by the employee. ...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Champion Media for Disability Discrimination

Federal Agency Charges News Organization Refused to Hire Applicant Because of Deafness - RALEIGH, N.C. – North Carolina-based publishing company Champion Media, LLC violated federal employment laws when it refused to hire...more

U.S. Equal Employment Opportunity Commission...

National Telecommuting Institute Settles Discrimination Suit for $1.25 Million

Resolves Federal Lawsuit Alleging Company Failed to Accommodate and Hire Blind and Low-Vision Applicants - SAN ANTONIO — National Telecommuting Institute, Inc. (NTI), a Westwood, Massachusetts-based staffing support firm,...more

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