Americans with Disabilities Act Title VII

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

The Seventh Circuit Clarifies Evidentiary Standards in Employment Discrimination Cases

In Ortiz v. Werner Enterprises, Inc., the Seventh Circuit stated in very clear terms that lower courts and parties to discrimination actions should not divide evidence into direct and circumstantial buckets under the familiar...more

Guidance for employers on the Zika virus

Within the past few days, the Centers for Disease Control and Prevention have confirmed the transmission of the Zika virus by mosquitoes to individuals in Miami-Dade and Broward counties in Florida. Before this confirmation,...more

Top 10 Points of Guidance for Employers on the Zika Virus Outbreak

The Zika virus has been around for nearly 70 years, but an outbreak earlier this year has put the disease squarely on the public’s radar. In fact, on February 1, 2016, the World Health Organization declared Zika and the...more

Employment Law Navigator – Week in Review: August 2016

Contrary to the EEOC’s position that sexual orientation discrimination is protected by Title VII’s prohibition on gender discrimination, the Seventh Circuit Court of Appeals held last week that existing law does not support...more

Second Circuit Rejects Argument That Arbitration Clause Was Void Due To Inability To Vindicate Rights Under Title VII And ADA

The Second Circuit recently affirmed in relevant part, an order compelling arbitration of claims under Title VII and the Americans with Disabilities Act in connection with the termination of the plaintiff’s employment. The...more

Handling Hashtags in the Workplace

The hashtags associated with our current social and political landscape are powerful. From #BlackLivesMatter to #BlueLivesMatter, #ImWithHer to #ImWithHim and #NeverHillary to #NeverTrump, if a picture is worth a thousand...more

EEOC Burnishes Systemic Successes and Intentions

Equal Employment Opportunity Commission Chair Jenny R. Yang has issued a report on the EEOC’s Systemic Discrimination efforts over the last 10 years. The Report contains insights on the type of employer vulnerabilities the...more

EEOC Increases Penalty for Violating Notice Posting Requirements by 150 Percent

The EEOC is increasing the penalty for failure to post the required workplace notices under Title VII, the ADA, and GINA by 150 percent. This increase means the maximum penalty for notice violations will increase to $525 per...more

Double Trouble: EEOC Increases Penalty for Posting Violations

Employers might want to wander right now into their office break rooms to review the legal rights posters on display to be sure they are current and accessible. Failure to comply with posting requirements will cost employers...more

Managing Repeated Requests for Leave as an ADA Reasonable Accommodation: Takeaways from My Webinar with EEOC Commissioner Feldblum...

Last Thursday, I had the pleasure of conducting a webinar with EEOC Commissioner Chai Feldblum on the topic of “leave” as an ADA reasonable accommodation in light of the EEOC’s new technical resource issued on this topic in...more

Recent EEOC guidance to employees under the ADA, PDA and Title VII provides useful information to employers, too!

The EEOC has recently issued guidance addressing a variety of issues under the Americans with Disabilities Act, the Pregnancy Discrimination Act, and Title VII of the Civil Rights Act. What is unique about this recent...more

Newark Port Automobile Processing Facility to Pay $350,000 to Settle EEOC Race Discrimination Suit

FAPS Refused to Recruit and Hire African-Americans, Federal Agency Charged - NEWARK, N.J. -- FAPS, Inc., one of the country's largest automotive re-delivery service firms, operating in the port area of Newark, will pay...more

Post Haste: EEOC Increases Penalties for Posting Violations

Seyfarth Synopsis: The EEOC has increased penalties for failure to post notice violations under Title VII, the ADA and GINA by 150%. The increase will go into effect on July 5, 2016. ...more

EEOC Increases the Penalty for Violating Notice Posting Requirements

Earlier this month, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a Final Rule increasing the maximum penalty for covered employers who violate the notice posting provisions of Title VII of the Civil Rights...more

Pre-and Post-Partum Protection: Colorado Enacts A Pregnant Workers Fairness Act

States and municipalities around the country are increasingly providing more protection for pregnant employees. As recently as April 2016, San Francisco became the first municipality to enact fully paid parental leave for up...more

EEOC Issues Final Rule Increasing The Penalty For Violation Of Notice Posting Requirements

Employers covered by Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (the ADA) or the Genetic Information Non-Discrimination Act (GINA) (generally, employers with 15 or more...more

Big Data Can Lead to Big Legal Problems For Companies

Deluged with an unprecedented amount of information available for analysis, companies in just about every industry are discovering increasingly sophisticated ways to make market observations, predictions and evaluations. Big...more

The Impact of Inflation: The EEOC Increases Monetary Civil Penalties for Notice-Posting Violations under Title VII, ADA, and GINA

The Equal Employment Opportunity Commission is increasing the monetary civil penalties for violations of the notice-posting requirements of Title VII of the Civil Rights Act of 1964 (Title VI), the Americans with Disabilities...more

Employment Practices Newsletter - June 2016

EEOC Issues Final Regulations on Wellness Programs - It seems to be a win-win when employers who provide employees with incentives to encourage healthy behavior. But employers that do so must contend with an alphabet...more

Title VII Posting Violation Penalties Increase 150% Effective July 1, 2016

The EEOC has increased the maximum penalty for employers that violate the posting provisions of Title VII, the Americans with Disability Act ("ADA") and the Genetic Information Nondiscrimination Act ("GINA") from $210 to $525...more

The Workplace is Not Immune: Guidance for Employers on the Zika Virus Outbreak

On April 22, 2016, the Centers for Disease Control and Prevention (CDC) and the Occupational Safety and Health Administration (OSHA) jointly issued new guidance aimed at protecting workers from occupational exposure to the...more

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

As Retaliation Claims Rise, Employers Face New Challenges Under Employment, OSHA and Health Care Laws

As we discussed in a recent webinar, employers are facing an increased risk of defending a retaliation complaint as administrative policy changes and expansive federal laws make asserting these claims easier for employees....more

Retailer - Spring 2016

NEWS & ANALYSIS - Hiring 101 for Retail Employers - Hiring good employees is a challenge, especially in the retail industry. But by following a few tips, you can make better decisions and reduce your risk of...more

A Wellness Win for Employers, But Will it Last?

As explained in our April 21, 2015 and May 9, 2015 blog posts, wellness programs that are part of a group health plan are subject to the HIPAA nondiscrimination rules, and other state and federal laws including, but not...more

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