Americans with Disabilities Act Title VII Equal Employment Opportunity Commission

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

Employment Law 101: Pregnancy Discrimination

What is the issue: Title VII was passed in the 1960’s to protect against discrimination based on race, color, religion, sex or national origin. Since that time, other laws have been passed adding protection against...more

Rogue CFO III – Background Checks

Perform Background Checks. It seems obvious. Why would a company not want as much information about a candidate for its CFO position that it can legally obtain? But this oversight is common. Too many smaller companies hire...more

Second EEOC Right-To-Sue Letter on Same Disability Discrimination Charge Cannot Save Late-Filed ADA Claim; First Circuit Rejects...

Judge Selya’s recent First Circuit opinion in Rivera-Diaz v. Humana Insurance of Puerto Rico, Inc., hammers home the importance of strictly abiding by Title VII’s procedural requirements for filing discrimination claims in...more

Fenwick Employment Brief - April 2014

Supreme Court Confirms FICA Taxes Must be Withheld from Severance Payments - Finding severance payments to be a form of “remuneration for employment,” the United States Supreme Court in United States v. Quality Stores,...more

Employment Law

Second Circuit: Inability to Sit for Long Periods Can Trigger ADA Coverage - Why it matters: Can an employee’s inability to sit for a prolonged period of time constitute a disability under the Americans with...more

EEOC Roundup: February 2014

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

EEOC Says Questions Contained in Employer-Sponsored Integrity Test Do Not Violate Title VII or ADA

In 2012, the Equal Employment Opportunity Commission issued an enforcement guidance with regard to employer use of arrest and conviction records in making hiring and other employment decisions. The EEOC cautioned employers...more

EEOC Sues Nick's Restaurant for Disability Discrimination, Sexual Harassment, Retaliation

Restaurant/Sports Bar Revoked a Reasonable Accommodation for a Disabled Server and Fired Her After She Complained, Federal Agency Charges - HOUSTON - PNS Investments, Inc. operating as Nick's Restaurant and Sports Bar,...more

Step Three to Pay $60,000 for EEOC Pregnancy and Disability Discrimination Suit

Hawaii Resort Retailer Disciplined and Fired a Buyer Due to Fertility Treatments and Pregnancy Restrictions, Federal Agency Charged - HONOLULU - Step Three, Ltd., a Hawaiian resort retailer, will pay $60,000 for...more

Should Employers Test Applicants’ Integrity? The EEOC Discusses “Integrity Testing”

Employers often associate a lack of integrity with counterproductive workplace behaviors, including theft and workplace violence. As a result, employers may be tempted to subject employees and applicants to so-called...more

Should Who You Love Be A Terminable Offense? Senate Says “No” And Passes ENDA

On November 7, 2013, the U.S. Senate passed the Employment Non-Discrimination Act (ENDA) by a vote of 64-32, with the support of 10 Senate Republicans. ENDA essentially extends workplace protections based on race, religion,...more

EEOC, Huyssen, Inc., Licensed to Use the Registered Service Mark Sedona Staffing, and Sedona Group Reach Agreement on...

SAN DIEGO, Calif. - Huyssen, Inc., licensed to use the registered service mark Sedona Staffing and the Sedona Group, agreed to pay $920,000 and implement preventive measures to settle a variety of discrimination charges filed...more

EEOC Sues Upper Chesapeake Health System for Disability Discrimination and Retaliation

Health Care System Fired a Pulmonary Function Technologist After She Requested an Accommodation and Filed a Discrimination Charge, Federal Agency Charges - BALTIMORE - Upper Chesapeake Health System, a leading health...more

Are Your Company's Policies on the EEOC's Enforcement Radar?

As part of its Strategic Plan, the U.S. Equal Employment Opportunity Commission (EEOC) has issued its Strategic Enforcement Plan (SEP) for FY 2013-2016....more

Supreme Court Requires “But-For” Causation In Title VII Retaliation Claims

In 2009, the Supreme Court made it more difficult to prevail on a claim under the federal age discrimination statute by holding that a plaintiff must show that the protected activity was the “but for” cause of the adverse...more

EEOC Suing Employers Under Genetic Information Nondiscrimination Act

In the first half of May, the U.S. Equal Employment Opportunity Commission (“EEOC”) filed its first-ever lawsuits against employers under the Genetic Information Nondiscrimination Act of 2008 (“GINA”). The GINA, which took...more

EEOC Files Class Genetic Information Discrimination Suit Against Corning Rehab Center

Founders Pavilion Violated Federal Law by Asking for Genetic Information From Applicants and Employees, Federal Agency Charges - NEW YORK - The Founders Pavilion, Inc., a Corning, N.Y., nursing and rehabilitation...more

Pregnancy and Disability Discrimination the Focus of EEOC Enforcement Activity

Since Congress’ enactment of amendments to the Americans with Disabilities Act (ADA) in 2008, making it easier to establish disability status under that law, the EEOC has directed more of its attention to claims of pregnancy...more

EDSI to Pay $70,000 to Settle EEOC Pregnancy & Disability Discrimination Suit

Company Fired Pregnant Worker & Her Husband for Reporting Discrimination - LAS VEGAS-Engineering Documentation Systems, Inc. (EDSI) agreed to pay $70,000 and to implement anti-discrimination measures to settle a ...more

EEOC Sues Wal-Mart for Sexual Harassment, Retaliation and Disability Discrimination

Developmentally Disabled Walmart Employee in Akron Store Fired for Complaining About Sexual Touching, Federal Agency Charges - CLEVELAND - Wal-Mart Stores East, L.P. violated federal law by allowing a male employee...more

Restaurant Industry Newsletter - April 2013: Help! I just received a Charge of Discrimination from the EEOC. What is it, and what...

If you just received a charge of discrimination from the Equal Employment Opportunity Commission ("EEOC"), you are not alone. During the EEOC's 2012 fiscal year, 99,412 charges of discrimination were filed. ...more

The Second Obama Term: New Employment Protections for LGBT Individuals Possible

President Barack Obama's second term will likely bring new employment protections for lesbian, gay, bisexual, and transgender individuals. President Barack Obama's election in 2008 ushered in a period of increased...more

EEOC Alerts Employers to Potential Title VII and ADA Rights of Employees Who Experience Domestic Violence, Sexual Assault or...

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued a “Questions and Answers” document regarding the application of Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA)...more

Annual Report on EEOC Developments – Fiscal Year 2012

Over the years, Littler has provided periodic reports on significant cases, regulatory developments and other activities involving the Equal Employment Opportunity Commission (EEOC or “the Commission”). While such guidance is...more

EEOC Suggests That Title VII and ADA May Apply to Employment Situations Involving Domestic Violence and Sexual Assault

Neither Title VII of the Civil Rights Act nor the Americans with Disabilities Act (ADA) specifically prohibits discrimination against individuals who may be victims of domestic or dating violence, sexual assault, or stalking....more

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