News & Analysis as of

Americans with Disabilities Act (ADA) Wrongful Termination Disability Discrimination

U.S. Equal Employment Opportunity Commission...

EEOC Sues Alto Ingredients for Disability Discrimination

Federal Agency Charges Manufacturer Terminated Electrician Because of his Disability - CHICAGO – Alto Ingredients, Inc., a manufacturer of industrial and food-grade, corn-based alcohols, violated the Americans with...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues All Day Medical Care Clinic for Discriminating Against Employee for Not Disclosing Disability During Job Interview

Maryland Health Care Provider Terminated Employee with Vision Impairments for Requesting Reasonable Accommodation on First Day of Work - BALTIMORE – All Day Medical Care Clinic, LLC, which operates five medical clinics in...more

Seyfarth Shaw LLP

Tenth Circuit Highlights Limits on Employers Defining Essential Functions of a Position

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit Court of Appeals reversed a summary judgment award on an employee’s failure-to-accommodate claim. The Court’s decision focused on the employer’s improperly narrow delineation of the...more

Parker Poe Adams & Bernstein LLP

Employee's PTSD Diagnosis May Excuse Violation of Disciplinary Policies

The Americans with Disabilities Act does not require employers to ignore or excuse serious violations of their rules of conduct. For example, an employee who brings a weapon to work in violation of the employer’s policy...more

Obermayer Rebmann Maxwell & Hippel LLP

It’s My Party and I Can Cry If I Want To: Lessons for Employers to Take Away from the $450,000 Verdict in Favor of the Employee...

In April 2022, a Kentucky jury awarded $450,000 to a fired employee who claimed that an unwanted office birthday party triggered panic attacks. The employee refused to attend the party on his behalf and was later terminated....more

Stokes Wagner

Under the ADA, Mental Illness is Illness too

Stokes Wagner on

A recent EEOC case involving an executive who was fired after having an episode of depression underlines the importance of accommodating mental disabilities under the Americans with Disabilities Act (“ADA”). In Equal...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Consistently Inconsistent: An Example of Shifting Reasons for Employment Termination Precluding Summary Judgment

The U.S. District Court for the Western District of Texas recently denied an employer’s motion for summary judgment when its alleged shifting reasons for terminating the plaintiff’s employment contract raised genuine issues...more

Husch Blackwell LLP

SCOTUS Decision Impacts Discrimination Claims Against Religious Employers

Husch Blackwell LLP on

Key Points •The ministerial exception protects religious employers from government interference in internal employment disputes involving the selection, supervision, and removal of individuals who play an important role...more

Dechert LLP

The U.S. Supreme Court Expands the Ministerial Exception

Dechert LLP on

On July 8, 2020, in a 7–2 decision, the U.S. Supreme Court in Our Lady of Guadalupe School v. Morrissey-Berru expanded the “ministerial exception,” which allows religious organizations to avoid federal anti-discrimination...more

Payne & Fears

United States Supreme Court Clarifies the Scope of the Ministerial Exception

Payne & Fears on

In Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. ___, 2020 WL 3808420 (2020) (“Morrissey-Berru”), the United States Supreme Court provided further guidance on the application of the “ministerial exception,” which...more

Burr & Forman

11th Circuit Clean Sweep for Pilgrim's Pride Corporation on FMLA and ADA Claims Due to Alleged Repetitive Injury

Burr & Forman on

On June 1, 2020, the Eleventh Circuit Court of Appeals entered an unpublished, per curiam decision affirming the grant of summary judgment in the U.S. District Court for the Middle District of Florida, Jacksonville division...more

U.S. Equal Employment Opportunity Commission...

Wayne Farms to Pay $175,000 to Settle EEOC Lawsuit for Disability Discrimination

Employees Unlawfully Fired Because of Disability-Related Absences, Federal Agency Charged - BIRMINGHAM, Ala. – Wayne Farms, LLC, one of the nation’s largest poultry producers, will pay $175,000 and furnish significant...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Blue Sky Vision for Disability Discrimination

Employer's Unlawful Inquiry and Termination of Employee Violated the ADA, Federal Agency Says - DETROIT -- Blue Sky Vision, L.L.C., a Delaware-based management services organ­ization that provides support to eye care...more

U.S. Equal Employment Opportunity Commission...

Interconnect Cable Technology Corporation Sued by EEOC for Disability Discrimination

Electronics Manufacturer Demoted and Discharged Employee Due to Her Mental Illness, Federal Agency Charges - TAMPA - Interconnect Cable Technology Corporation (ICTC), an electronics manufacturer in Brooksville, Fla.,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court in North Carolina Rules Regarding Reasonable Accommodations

On February 24, 2020, the U.S. District Court for the Middle District of North Carolina issued an opinion in Brown v. Martin Marietta Materials, Inc. regarding disability discrimination, reasonable accommodations, and...more

U.S. Equal Employment Opportunity Commission...

American Woodmark to Pay $25,000 to Settle EEOC Disability Discrimination Suit

Employee With Disabilities Denied a Reasonable Accommodation and Discharged After Seeking Two Days of Unpaid Leave, Federal Agency Charges - ATLANTA - American Woodmark Corporation, a wood cabinetry manufacturer, will pay...more

Proskauer - Law and the Workplace

Emerging Trend: ADA Does Not Cover Potential Future Disabilities

Heeding the adage “no one knows what the future may hold,” the Seventh, Eighth and Eleventh Circuits have uniformly refused to extend protections of the Americans with Disabilities Act (ADA) to employees with a perceived risk...more

U.S. Equal Employment Opportunity Commission...

ASICS America Corporation Sued by EEOC for Disability Discrimination

Athletic Apparel Manufacturer Fired Temporary Employee Because of Her Disabilities, Federal Agency Charges - BYHALIA, Miss. - ASICS America Corporation (ASICS), a manufacturer of athletic footwear and accessories,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Black Forest Décor for Disability Discrimination

Home Décor Business Fired Warehouse Employee for Taking Unpaid Leave It Forced Her to Use, Federal Agency Charges - LOUIS - Black Forest Décor, LLC violated federal law when it forced a worker with a disability at its...more

U.S. Equal Employment Opportunity Commission...

Christus St. Vincent Sued by EEOC for Disability Discrimination

Hospital Supervisors Refused Accommodation for Deaf Employee, Federal Agency Charges - SANTA FE, N.M. - Christus Health, doing business as Christus St. Vincent Regional Medical Center in Santa Fe, N.M., violated federal...more

U.S. Equal Employment Opportunity Commission...

SoftPro to Pay $80,000 to Settle EEOC Disability Discrimination Suit

Software Company Fired Employee for Perceived Disability, Federal Agency Charged - RALEIGH, N.C. - SoftPro, LLC, a Delaware software company headquartered in Raleigh, N.C., will pay $80,000 and provide other relief to...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Bluelinx Corp / Lake States Lumber for Disability Discrimination

Company Terminated Employee Based on Perceived Disability, Federal Agency Claims - MINNEAPOLIS - A company operating in Duluth, Minn., violated civil rights law when it fired an employee because of his perceived...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Share and Share Alike: Sharing Essential Job Functions May Qualify as a Reasonable Accommodation

On April 1, 2019, the United States District Court for the Northern District of Illinois denied summary judgment in an Americans with Disabilities Act (ADA) case, determining that occasionally excusing employees from...more

U.S. Equal Employment Opportunity Commission...

Masterbuilt to Pay $60,000 to Settle EEOC Disability Discrimination Suit

Employee With Asperger's Syndrome Denied a Reasonable Accommodation and Fired While on Medical Leave, Federal Agency Charged - ATLANTA - Masterbuilt Manufacturing, LLC, a for-profit manufacturer of cooking products, will...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Party City Corporation for Sex and Disability Discrimination

Retailer Unlawfully Fired Pregnant Employee Upon Receipt of Medical Information, Federal Agency Charges - HOUSTON - Party supply retail chain Party City Corporation violated federal law when a Texas store fired a...more

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