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

Needle and the Damage Done: Pharmacist’s Phobia Not Enough for ADA Claim

Can fear of an aspect of your job constitute a disability under the ADA? Depends on how essential the function is. In Stevens v. Rite Aid Corp, the Second Circuit Court of Appeals looked at the case of a Rite Aid pharmacist,...more

What Pretext? The Tenth Circuit Shows the Value in Trucking & Transportation Employers Citing to Safety and Customer Complaints to...

On March 10, 2017, the Tenth Circuit in Henson v. AmeriGas Propane, Inc., no.: 16-7057, declined to revive a discrimination and wrongful discharge lawsuit in finding that the lower court was correct in its holding that that...more

EEOC Sues Company That Didn't Hire Veteran Over Use Of Service Dog

Last week, the U.S. Equal Employment Opportunity Commission filed a lawsuit against freight company CRST Expedited Inc. on behalf of a truck driver trainee who is a veteran. According to the Commission, the employer violated...more

EEOC Sues CRST for Disability Discrimination and Retaliation

Trucking Company Refused to Hire Veteran Because He Uses a Service Dog, Federal Agency Charges - JACKSONVILLE, Fla. -- CRST Expedited Inc., a national trucking company, violated federal law when it failed to accommodate,...more

No Longer Giving Your Employee a “Warm Welcome” or saying “Good Morning”? Court Rules that Could be Evidence of Retaliation

A recent decision from a federal court in New York serves as a reminder to employers in South Carolina and North Carolina of just how difficult an employee’s allegations of retaliation can be to challenge, and how employers...more

Annual Report on EEOC Developments – Fiscal Year 2016

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

Third Circuit Says “Last Call” for Employee Terminated After Caught Drinking While on FMLA “Bed Rest”

On January 31, 2017, the United States Court of Appeals for the Third Circuit joined the Seventh, Eighth and Tenth Circuits in holding that an employer’s honest belief that its employee was misusing FMLA leave is enough to...more

Third Circuit adopts the “honest belief” defense to FMLA retaliation claims and confirms that FMLA leave requests can double as...

The Third Circuit’s recent decision in Capps v. Mondelez Global, LLC is a mixed bag for employers. The good news is that it establishes that an employer’s honest belief that its employee misused FMLA leave can defeat a...more

Seventh Circuit Affirms FMLA Retaliation Claim Based on Employer Ending Home Working Arrangement

The Family and Medical Leave Act (FMLA) does not require employers to agree to allow employees to work from home based on medical restrictions. The Americans with Disabilities Act may require employers to provide such...more

Employee’s ADA and FMLA Claims Survive Summary Judgment After Leaving Work Early To Go To Hospital

In Knight v. Barry Callebaut USA Service Company, Inc., the United States District Court of the Eastern District of Pennsylvania denied an employer’s motion for summary judgment on claims brought by a terminated employee...more

Employment Law 2016 Review

Preparing for Medical Marijuana in Pennsylvania - Marijuana legalization reached Pennsylvania in 2016, bringing with it a host of new questions employers are going to have to answer. Signed into law on April 17, the...more

EEOC Sues Camp Corporation for Sex and Disability Discrimination

Federal Agency Says Worker was Twice Sued by Former Employer in Retaliation for Her Opposing Discrimination and Filing an EEOC Charge - HOUSTON - Carolina Creek Christian Camp, Inc. (CCCC), which operates a facility 90...more

Addressing Post-Election Tensions in the Workplace

As the extreme rhetoric of the 2016 presidential campaign slowly wanes, the divisions it exposed remain raw. Many Americans celebrate the election of President-elect Trump, while many others continue to express concern about...more

Illinois Department of Human Services to Revamp Retaliatory Policies and Procedures to Resolve EEOC Discrimination Finding

Federal Agency Found Class of Employees Illegally Required to Waive their Rights to Resolve Grievances - CHICAGO - The Illinois Department of Human Services (IDHS), one of the largest agencies of the State of Illinois...more

EEOC Releases Formal Guidance on Unlawful Retaliatory Conduct in the Workplace

After an extended public comment period, the Equal Employment Opportunity Commission (“EEOC”)—which is charged with enforcing federal employment discrimination laws—recently issued its final Enforcement Guidance on...more

Granite Mesa Health Center Sued By EEOC for Disability Discrimination and Retaliation

Nursing Home Fired a Certified Nurse Assistant When He Disclosed He Was HIV-Positive, Federal Agency Charged - AUSTIN, Texas - A nursing home violated federal law by discharging an employee who hesitated when ordered to...more

The Clock Has Struck 12 On The EEOC Fiscal Year-End Countdown – Surprising Revelations For FY 2016

With the end of another EEOC fiscal year employers look with anticipation to what the year-end trends can tell us about the sometimes elusive EEOC litigation agenda. In years past, the EEOC has engaged in a “filing frenzy,”...more

EEOC Issues Final Enforcement Guidance on Retaliation and Related Issues

On August 25, 2016, the U.S. Equal Employment Opportunity Commission issued its final “Enforcement Guidance on Retaliation and Related Issues.” Along with the final guidance, the EEOC issued a Q&A publication and a Small...more

Wisconsin Court Rejects Employer’s Argument That Wellness Programs Are Insulated from Disability Law

Trial to Be Scheduled on Retaliation Claim - MILWAUKEE - A federal court has ruled in favor of the U.S. Equal Employment Opportunity Commission (EEOC) in a disability discrimination case involving wellness programs filed...more

Just What The Doctor Ordered: Court Denies The EEOC’s Motion For Summary Judgment In ADA Suit Regarding Employer’s Wellness...

Seyfarth Synopsis: After the EEOC brought an action under the Americans With Disabilities Act against an employer who implemented a wellness program requiring employees to take a health assessment to participate, the Court...more

EEOC Issues Enforcement Guidance on Retaliation

The Equal Employment Opportunity Commission ("EEOC") issued its Enforcement Guidance on Retaliation and Related Issues, along with two publications, a Question and Answer and a Small Business Fact Sheet. Together, these...more

Repercussions of Retaliation: EEOC Revises its Guidance on Retaliation

For the first time in 18 years, the U.S. Equal Employment Opportunity Commission (EEOC) has issued revised guidance (the Guidance) regarding retaliation. The Guidance, which broadens and clarifies the definition of protected...more

EEOC Guidelines Provide a Confusing Roadmap to Investigating Retaliation Claims

Employers have been warned time and time again – retaliation claims are on the rise.  With the number of these claims climbing, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued its Final Enforcement Guidance...more

The EEOC Issues Updated Guidance Regarding Claims for Retaliation

On August 25, 2016, the Equal Employment Opportunity Commission (EEOC) issued final Enforcement Guidance on Retaliation and Related Issues. The new Guidance replaces the EEOC’s 1998 Compliance Manual Section on retaliation....more

The EEOC Issues New Enforcement Guidance On Retaliation

Seyfarth Synopsis: For the first time since 1998, the EEOC has updated its enforcement guidance on retaliation claims brought under the various anti-discrimination laws the Commission is charged with enforcing. Observing...more

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