News & Analysis as of

Americans with Disabilities Act (ADA) Retaliation Adverse Employment Action

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Atlantic Properties Management Corporation and Diversified Funding for Disability Discrimination and Retaliation

Federal Agency Charges Property Management Companies With Revoking Job Offer From Woman With Breast Cancer - BOSTON – Atlantic Properties Management Corporation and its affiliate, Diversified Funding, Inc., property...more

Goldberg Segalla

Employee Protection Limited for ADA and FMLA Discrimination and Retaliation Claims

Goldberg Segalla on

Key Takeaways - Resolved medical conditions and COVID-19 symptoms — aside from “Long COVID” — may not be considered “disabilities” under the ADA. A seven-week period between employee engagement in protected activity and an...more

Seyfarth Shaw LLP

The Art of Defending (or Lodging) a Failure to Accommodate Claim: A Lesson on The Rehabilitation Act

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit further clarifies The Rehabilitation Act while making it even harder to get rid of failure to accommodate claims at the summary judgment stage; FEHA and ADA implications may follow....more

Venable LLP

Responding to Mental Health Accommodation Requests

Venable LLP on

Many employers have experienced an increase in employee requests for accommodations in the past few years. A federal jury’s recent award in Lisa Menninger v. PPD Development L.P. reminds employers that accommodation requests,...more

CDF Labor Law LLP

Five Bars of Wi-Fi Are Grounds For Disability Claims

CDF Labor Law LLP on

The California Court of Appeal, Brown v. Los Angeles Unified School District, recently ruled that that electromagnetic sensitivity (aka “being sick to Wi-Fi”) constituted a “physical disability” under Fair Employment and...more

Fisher Phillips

Stopping The Spread Of COVID-19 Hate Crimes In Reopened Restaurants

Fisher Phillips on

As restaurants continue to reopen out of economic necessity despite a global pandemic, employers and employees alike remain concerned about the possibility of COVID-19 outbreaks in the workplace. No longer are bad Yelp...more

Seyfarth Shaw LLP

7th Circuit Focuses On Evidence To Avoid Distraction In Associational Discrimination Case

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Seyfarth Synopsis: On August 18, 2020, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgment on a plaintiff’s associational disability discrimination and retaliation claims, finding the plaintiff failed...more

U.S. Equal Employment Opportunity Commission...

Massey Services Will Pay $63,000 to Settle EEOC Discrimination and Retaliation Lawsuit

Pest Control and Landscaping Company Terminated and Refused to Rehire Employee With Disability After Denying Her Request for Leave as Accommodation, Federal Agency Charged - CHARLESTON, S.C. - Pest control and landscaping...more

U.S. Equal Employment Opportunity Commission...

USAble Life Sued by EEOC For Retaliation

Insurance Company Fired Employee Over Her Discrimination Complaint, Federal Agency Charges - LITTLE ROCK, Ark. - USAble Life, an insurance company located in Little Rock, Ark., violated federal law when it fired an...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Valley Tool for Disability Discrimination and Retaliation

Company Punished Employees for Complaining About Mistreatment, Federal Agency Charges - OXFORD, Miss. - A tool company operating in Water Valley, Miss., violated federal civil rights laws when it denied an employee a...more

Best Best & Krieger LLP

Compensation, Harassment And Discrimination Cases Brought Labor & Employment Law Changes - California’s 2019 Labor & Employment...

State and federal courts handed down labor and employment decisions last year that California employers must be aware of. Read about these decisions that impact everything from equal pay to medical leave, and more....more

Jackson Lewis P.C.

Recovering Alcoholic’s Claims Dismissed Because He Did Not Show He Was “Disabled”

Jackson Lewis P.C. on

A federal court in New York dismissed all claims asserted by a recovering alcoholic under the Americans with Disabilities Act and the Rehabilitation Act for numerous reasons including that he did not show he was “disabled.”...more

Seyfarth Shaw LLP

Failure to Investigate and Fat-Shaming Permit Employment Claims to Proceed

Seyfarth Shaw LLP on

Seyfarth Synopsis: Under California law, obesity can qualify as a disability if it has a physiological cause and limits a major life activity. Proving such a claim has been difficult. The First District Court of Appeal’s...more

U.S. Equal Employment Opportunity Commission...

IXL Learning Sued by EEOC for Retaliation

Employee Fired for Posting About Discrimination on Glassdoor.com, Federal Agency Charges - SAN FRANCISCO - Educational technology company IXL Learning Inc. violated federal law when it retaliated against an employee for...more

Maynard Nexsen

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

Maynard Nexsen on

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

Bond Schoeneck & King PLLC

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

Littler

EEOC Guidelines Provide a Confusing Roadmap to Investigating Retaliation Claims

Littler on

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

Seyfarth Shaw LLP

The EEOC Issues New Enforcement Guidance On Retaliation

Seyfarth Shaw LLP on

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

Seyfarth Shaw LLP

Dismissal Denied For Discussing Disability: EEOC Case Against Employer Survives

Seyfarth Shaw LLP on

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

Seyfarth Shaw LLP

Causation In Federal Remedial Rights And Alternative Pleading

Seyfarth Shaw LLP on

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

Manatt, Phelps & Phillips, LLP

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

Constangy, Brooks, Smith & Prophete, LLP

What’s Your Workplace Retaliation IQ?

It’s been a while since we’ve had an employment law quiz, so let’s do it! This one is on retaliation. As always, the answers will be provided after each question — you have our “no-pressure” guarantee....more

Constangy, Brooks, Smith & Prophete, LLP

Christmas Won’t Be Merry For These Employers!

Oh, you better watch out! A lot of employers have been naughty. I checked the court dockets, and would you believe all of these employment lawsuits filed in the week before Christmas! ...more

Spilman Thomas & Battle, PLLC

ALERT: Danger Zone - Employer Hit with Huge Pregnancy Discrimination Act Verdict

In a stunning employment verdict, a California jury awarded $185 million in punitive damages and $873,000 in compensatory damages to a former AutoZone store manager who claimed the auto-parts retailer mistreated her based on...more

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