Americans with Disabilities Act Retaliation

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

Landis Communities and Landis Homes Retirement Community Will Pay $132,500 to Resolve EEOC Suit

Nursing Home Terminated Pregnant Nursing Supervisor Who Requested a Lifting Accommodation, Conducted Unlawful Medical Inquiry, and Refused Rehire Because of Her Disability, Federal Agency Says - PHILADELPHIA - Nursing...more

California Employment Law Notes - May 2016

Employee Who Needed To Assist Disabled Son Could Proceed With "Associational Disability Discrimination" Claim - Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) - Luis...more

Connection to Someone With a Disability is Nearly Identical to an Actual Disability

As disability discrimination and accommodation claims continue to rise across the country, an appellate court in California may have just helped significantly expand such claims in the future by finding that an employee can...more

Dismissal Denied For Discussing Disability: EEOC Case Against Employer Survives

Anti-discrimination laws command that “thou shall not retaliate…” The recent ruling in EEOC v. Day & Zimmerman NPS, Inc., Case No. 15-CV-01416 (D. Conn Apr. 12, 2016), is a case study in how employers can be taken to task for...more

Second Circuit Holds HR Professionals Can Be Liable as ‘Employers’ Under FMLA

The Second Circuit Court of Appeals has recently held that a human resources manager could be held liable as an employer under the Family and Medical Leave Act (FMLA). In issuing its decision in Graziadio v. Culinary...more

EEOC Requesting Information? Be Wary What You Tell Fellow Employees

Picture this scenario: You come into your office one morning to learn that an employee has filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) claiming that you failed to accommodate...more

The Individual Liability You Never Knew You Had: Second Circuit Rules HR Directors May Be Liable for FMLA Violations

HR Directors, Beware: Your role in terminating employees may expose you to individual liability under the Family and Medical Leave Act (FMLA). In Graziadio v. Culinary Institute of America, et al., Graziadio, a Payroll...more

Promoting Workplace Diversity in Times of Trouble

The population in the United States – and by extension, the workforce – is becoming increasingly diverse. According to projections from the U.S. Census Bureau, by 2044, racial and ethnic minorities will be the majority in the...more

Retaliation and Disability Charges are on the Rise, According to EEOC Litigation and Charge Statistics for FY 2015

The number of charges filed with the Equal Employment Opportunity Commission (EEOC) is once again climbing, according to newly released litigation and enforcement statistics for FY 2015. During the past fiscal year, 89,385...more

EEOC Revela Datos de Aplicación y Litigio Para el Año Fiscal 2015

Represalias, Discriminación Racial y el Acoso Persisten; Quejas de Discapacidad Aumentan - WASHINGTON - La Comisión para la Igualdad de Oportunidades en el Empleo de los EE.UU. (EEOC) reveló hoy un desglose detallado de...more

EEOC Releases Fiscal Year 2015 Enforcement and Litigation Data

Retaliation, Race Discrimination and Harassment Persist; Disability Charges Increase - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today released detailed breakdowns of the 89,385 charges of...more

EEOC Provides Transgender Compliance Wish List for Employers

On January 20, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) settled a transgender discrimination and harassment lawsuit against a national employer through a voluntary consent decree. The EEOC brought the...more

EEOC Proposes Expansive Enforcement Guidance for Retaliation Claims

For the first time in nearly 20 years, the Equal Employment Opportunity Commission has issued proposed enforcement guidance regarding retaliation claims. According to the EEOC, the revised guidance is necessary in light of...more

Retaliation Encyclopedia

The EEOC just released proposed enforcement guidance on retaliation, and at 73 pages, it has everything you ever wanted to know on the topic. This is the first time since 1998 that the EEOC has updated its guidance on this...more

Texas Supreme Court Vindicates Employer That Uniformly Enforced its Leave Policy

On December 4, 2015, the Texas Supreme Court vacated a jury verdict in favor of a former employee who had alleged workers’ compensation retaliation, rendering judgment in favor of the employer and finding that the employee...more

Straight From The Source: EEOC’s 10 Hottest Litigation Trends

Last week I heard David Lopez, General Counsel of the Equal Employment Opportunity Commission, speak about EEOC litigation developments at the annual North Carolina/South Carolina Labor and Employment Law conference....more

The Employment Law Authority - September/October 2015

On October 16, 2015, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) concerning new rules for extending the Optional Practical Training (OPT) program for international students...more

Causation In Federal Remedial Rights And Alternative Pleading

Several recent Supreme Court decisions have upended causation standards in the statutory alphabet soup of federal remedial rights. It is now clear that “but for” causation governs discrimination claims under the Age...more

How not to handle a Reservist with PTSD: Volvo Dismisses Army Reservist in violation of USERRA and the ADA

This week, Volvo said it would "take the blame if one of its self-driving cars crashes," but it's also taking the blame for dismissing an Army Reservist who deployed twice during the six years she worked for Volvo. This case...more

Employment Law - September 2015

From the California Legislature: New Employment Laws, Bills Set for Signature: Why it matters - The California Legislature has been busy with employment-related bills, passing measures to provide additional...more

Remember the ADA: Workers’ Comp Claims Count Too!

Regardless of your state’s workers’ compensation laws, covered employers must always keep the Americans with Disabilities Act (ADA) in mind when wrestling with whether to ask job applicants about prior workers’ compensation...more

A Surprising Holding by the Tennessee Supreme Court Regarding Workers' Compensation Retaliation Claims

On Friday, the Tennessee Supreme Court held in Yardley v. Hospital Housekeeping Systems that applicants are not eligible as a matter of law to assert "failure to hire" claims based on even the admitted fact that the reason...more

Third Circuit Says Employer Did Not Retaliate Against Employee by Disallowing Tape Recording of Disciplinary Meeting

The Americans with Disabilities Act requires employers to engage in an interactive process to determine if a qualified individual with a disability can perform the essential functions of the job through provision of...more

This Week In Employment Law, With A Lick And A Promise

It’s been a hectic week for me (I have a trial coming up), and so here are some links to employment law blog posts and workplace news items that I hope will entertain and edify....more

SuperVision Today - May 2015

In This Issue: - Notes from the Chair and Executive Editor - The Fourth Circuit Asks What For, Answers with But For: The Determination that a Landmark United States Supreme Court Decision Does Not Change Employment...more

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