News & Analysis as of

Damages Americans with Disabilities Act (ADA)

Reveal

Employment Litigation: How to Prepare and Mitigate the Associated Risks

Reveal on

From allegations of workplace discrimination, sexual orientation discrimination to violations of non-compete clauses or breaches of contract, lawsuits between organizations and their employees are an ever-present threat for...more

Dickinson Wright

U.S. Supreme Court Decides Perez v. Sturgis Public Schools

Dickinson Wright on

The United States Supreme Court issued a decision in Perez v. Sturgis Public Schools, No. 21-887, opening the door for future claims against schools for compensatory monetary damages. In its unanimous opinion, the Supreme...more

Franczek P.C.

U.S. Supreme Court Rules That IDEA Exhaustion Requirements Do Not Preclude Money Damages Under The ADA

Franczek P.C. on

The U.S. Supreme Court unanimously ruled in favor of a deaf student in Perez v. Sturgis Public Schools, 143 S. Ct. 81 (U.S. 2022), where the Court held that the Individuals with Disabilities Education Act (“IDEA”) exhaustion...more

Roetzel & Andress

Supreme Court Holds Districts May Be Sued for Damages Even When IDEA Administrative Process Is Not Exhausted

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The Supreme Court unanimously held in Perez v. Sturgis Public Schools, No. 21-887 (Mar. 21, 2023) that a student can sue for compensatory damages under the Americans with Disabilities Act (“ADA”) even when they have not...more

Seyfarth Shaw LLP

Eye Surgery Centers to Pay $1M in Damages and Penalties to Resolve Alleged ADA Violations

Seyfarth Shaw LLP on

Seyfarth Synopsis: Under a new Consent Decree with the DOJ, 24 Arizona eye surgery centers can no longer require patients with mobility disabilities to pay for third-party services to transfer them on and off operating...more

U.S. Equal Employment Opportunity Commission...

Ranew’s Management Company to Pay $250,000 to Settle Disability Discrimination Lawsuit

Fabrication, Coating, and Assembly Company Fired Employee Because of His Depression, Federal Agency Charged - ATLANTA – Ranew’s Management Company, Inc. (“Ranew’s”), a local, state, and national provider of fabrication,...more

Fisher Phillips

Improper Job Application Questions Put Florida Employer in Jeopardy of Losing Workplace Disability Claim

Fisher Phillips on

A Florida federal court just denied an employer’s effort to dismiss a disability discrimination claim filed by a legally blind applicant who alleges the employer asked improper pre-offer questions on its standard job...more

Lathrop GPM

The Franchise Memorandum - Issue #271

Lathrop GPM on

Ninth Circuit Reverses Class Action Settlement Approval and Fee Award - The Ninth Circuit Court of Appeals has reversed the approval of a $10 million voucher settlement and a $2.6 million attorneys’ fee award in a class...more

U.S. Equal Employment Opportunity Commission...

Lonza America to Pay $150,000 to Settle EEOC Disability Lawsuit

Company Violated Federal Law When It Fired a Recovering Opioid Addict, Federal Agency Charged - CHATTANOOGA, Tenn. – Lonza America LLC, a New Jersey-based company in the pharmaceutical and medicine manufacturing industry,...more

Cranfill Sumner LLP

Disability Discrimination: Damages

Cranfill Sumner LLP on

Over the last couple of months, we have been talking about what qualifies as a disability under the Americans with Disabilities Act and what to do when an employee with a disability requests an accommodation in the...more

U.S. Equal Employment Opportunity Commission...

Walmart to Pay $80,000 and Implement Nationwide Change in Policy to Settle EEOC Disability Lawsuit

Giant Retailer Refused to Accommodate Disabled Employee with Reassignment to a Nearby Store, Federal Agency Charged - BANGOR, Maine - Walmart Inc. will pay $80,000 and implement nationwide changes to its disability...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...

Illinois Action for Children to Pay $60,000 to Settle EEOC Disability Discrimination Lawsuit

Nonprofit Fired Employee Who Required Extended Leave, Federal Agency Charged - CHICAGO -- Illinois Action for Children (IAFC), a large Illinois child care and childhood education-related nonprofit, has agreed to pay a...more

U.S. Equal Employment Opportunity Commission...

Safeway Sued by EEOC For Disability Discrimination

Company Unlawfully Rejected an Applicant Because of Deafness, Federal Agency Charges - SEATTLE - Grocery store giant Safeway, Inc. violated federal law by refusing to accommodate and hire a qualified deaf applicant for...more

Butler Snow LLP

Sixth Circuit Upholds EEOC Victory in ADA Suit

Butler Snow LLP on

In a previous piece, I wrote about a diabetic worker in East Tennessee who won a jury award in an Americans with Disabilities Act (ADA) case against Dollar General. The worker was fired for violating Dollar General’s grazing...more

McAfee & Taft

Employers: Use caution when dealing with prescription drug users

McAfee & Taft on

Employers often have policies that require applicants or employees to disclose the lawful use of prescription drugs that could impair job performance or potentially pose a safety concern. If you’re one of those employers, you...more

BCLP

Website Accessibility Guidelines Get Update; California Court Limits Penalties to One Visit

BCLP on

An update has been published to the Web Content Accessibility Guidelines (WCAG) 2.0, the standards that have been applied by many courts in the absence of website accessibility regulations by the Department of Justice. The...more

Seyfarth Shaw LLP

CA Court Rules Unruh Act Requires Website to Conform to WCAG 2.0 AA, But Denies Damages for Multiple Visits to Website

Seyfarth Shaw LLP on

On May 21, a California state court in Los Angeles held on summary judgment that the Whisper Lounge restaurant violated California’s Unruh Act by having a website that could not be used by a blind person with a screen reader,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues S&C Electric Co. for Age and Disability Discrimination

Employer Fired Employee After 52 Years of Service Rather Than Returning Him From Medical Leave, Federal Agency Charges - CHICAGO - S&C Electric Co. in Chicago unlawfully fired an employee on the bases of age and...more

Baker Donelson

Faulty Issues With No Fault Attendance Policies

Baker Donelson on

Many of our clients have no fault attendance policies by which the employees are assessed a point or half of a point for each tardy, absence or for leaving their shift early. Once the employee meets the required number of...more

U.S. Equal Employment Opportunity Commission...

Safeway Will Rehire Store Clerk and Pay $27,000 to Settle EEOC Disability Discrimination Lawsuit

Grocery Store Fired Clerk Based on Disability, Federal Agency Said BALTIMORE - Safeway, Inc. will pay $27,000 in monetary damages and furnish significant equitable relief, including returning an employee to work, to...more

U.S. Equal Employment Opportunity Commission...

Sharp Healthcare To Pay $90,000 To Settle

Job Applicant Seeking a Surgical Technologist Position Was Perceived as Disabled and Denied Employment, Federal Agency Charged - SAN DIEGO - Sharp Healthcare, one of the largest private employers in San Diego County will...more

U.S. Equal Employment Opportunity Commission...

Apria Healthcare Group to Pay $100,000 To Settle EEOC Disability Discrimination Suit

Company Laid Off Warehouse Clerk After She Notified Them of Medical Restrictions, Federal Agency Charged - ALBUQUERQUE, N.M. - Apria Healthcare Inc., a home medical provider that offers medical equipment and services in...more

BCLP

ADA Website Accessibility Cases Continue to Grow

BCLP on

An increasing number of retailers are facing lawsuits or threats of lawsuits regarding website accessibility under the Americans With Disabilities Act (“ADA”), despite the fact that the ADA and its implementing regulations do...more

U.S. Equal Employment Opportunity Commission...

Beverage Distributors Company to Pay $160,000 to Settle EEOC Disability Lawsuit

Company Refused to Hire Applicant Because of Eye Impairment, Federal Agency Charged - DENVER - Beverage Distributors Company, a wholesale liquor distribution company in Colorado, will pay $160,000 and furnish other...more

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