Disability Discrimination

News & Analysis as of

Direct Optical to Pay $53,000 to Settle Disability Discrimination Suit

Farmington Hills Optical Store Fired Employee Because of Request for Service Dog, Federal Agency Charged - DETROIT - Direct Optical, Inc., an optical store in Farmington Hills, Mich., will pay $53,000 and furnish other...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

Court: Regular Attendance Is an Essential Job Function

Americans with Disabilities Act (ADA) compliance can be challenging, as employers attempt to decipher whether a specific situation falls under the definitions of the law, such as when they must provide accommodations to an...more

Strad Oilfield Services to Pay $65,000 to Resolve EEOC Disability Discrimination Finding

Minot, ND Employer Fired Employee Because of Diabetes, Federal Agency Charged - MINNEAPOLIS - In a successful conciliation, Strad Oilfield Services, operating in Minot, N.D., will pay $65,000 in damages to resolve a...more

Anti-Discrimination Laws Going “Intern”-ational? New York City Extends Its Human Rights Law to Unpaid Interns

As we reported last October, a federal court in New York found that an unpaid intern could not bring a hostile work environment sexual harassment claim pursuant to the New York City Human Rights Law (“NYCHRL”). (Wang v....more

The Future is Here - Is the Internet a Place?

The California Supreme Court has certified a question for review posed by the Ninth Circuit – Is the internet a “place of public accommodation” as described in the California Disabled Persons Act (“DPA”), Civil Code §§ 54, et...more

Undocumented Worker Case Before California Supreme Court

The California Supreme Court has decided to hear a case that could impact the ability of undocumented workers to collect back wages or sue employers for discrimination in California, and may prove instructive in other courts...more

EEOC Roundup (January 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 Sues Baywood Home Care For Disability Discrimination

Mankato Home Health Care Provider Fired Employee Because of Her Fibromyalgia and Osteoarthritis, Federal Agency Charged - MINNEAPOLIS - A Minneapolis-area home health care provider violated federal civil rights law...more

EEOC Sues Wal-Mart Stores East for Disability Discrimination

Cockeysville Store Refused to Accommodate Applicant With End-Stage Renal Disease, Federal Agency Says - BALTIMORE - Wal-Mart Stores East, LP violated federal law when it refused to employ an individual with end-stage...more

EEOC Sues Maxim Healthcare Services For Disability Discrimination

Staffing Agency Refused to Hire Qualified Applicant Because He Is HIV Positive, Federal Agency Charges - PITTSBURGH - Maxim Healthcare Services, Inc. violated federal law when it refused to hire an HIV-positive...more

Making Your Termination Decision Count (Don’t Sleep on This One…)

The success or failure of an employer’s defenses in employment litigation often turns on what motivated a termination decision. My consistently subpar performance or my complaint about harassment? My taking of leave or...more

Risky Business: TPAs as Employers under the ADA

Last week, in Brown v. Bank of America et al., No. 1:13-cv-00367-JAW (D. Me. March 7, 2013), a federal district court in Maine refused to dismiss a Bank employee’s disability discrimination claims against a third party...more

Paloma Blanca Health and Rehabilitation Sued by EEOC for Disability Discrimination

Man Denied Accommodation for Diabetes and Heart Conditions and Then Fired, Federal Agency Charges - ALBUQUERQUE, N.M. - The operators of a residential nursing home in Albuquerque violated federal law by denying...more

EEOC Sues Wal-Mart for Age and Disability Discrimination

Keller Store Manager Harassed and Then Fired Because of His Age; Also Denied a Reasonable Accommodation for His Diabetes, Federal Agency Charges - DALLAS - Wal-Mart Stores of Texas, LLC discriminated against a store...more

Is An Employee Who Is Six Days out of Rehab “Disabled” Under the TCHRA?

The Texas Commission on Human Rights Act (TCHRA) provides that a “current condition of addiction” to alcohol, drugs, or controlled substances is not a covered “disability.” In Melendez v. Houston Independent School District...more

Nexsen Pruet Employment Law Update - March 10, 2014: Should Employers "Get Physicial"?

Many employers require that applicants pass a pre-employment medical exam to ensure they are physically capable of doing the job. Employers should be aware that pre-employment medical exams, while not categorically barred,...more

EEOC Settles Disability Discrimination Suit Against Osceola Community Hospital

Consent Decree Provides $75,000 to Experienced Child Care Worker Refused Hire Because of Her Cerebral Palsy, Federal Agency Says - CHICAGO - Osceola Community Hospital in Sibley, Iowa will pay $75,000 and furnish other...more

Partying In The Store

The cost of bad behavior in the workplace can be significant and assorted. Bad behavior damages morale, results in a loss to a company’s profits, jeopardizes safety, and diminishes productivity. Use of drugs and alcohol – or...more

Rexnord Industries to Pay $25,000 in EEOC Disability Bias Suit

Company Fired Employee Because It Regarded Her as Disabled, Federal Agency Charged - MILWAUKEE - A federal magistrate judge in Milwaukee has entered a consent decree resolving a disability discrimination lawsuit...more

Does a 100% Healed Policy Violate the ADA? What to Require of Employees Returning From Leave

Earlier this month, the U.S. District Court for the Northern District of Illinois denied a motion to dismiss a claim filed by the Equal Employment Opportunity Commission (EEOC) on behalf of a class of individuals challenging...more

You May Think They Are Disabled But That Doesn’t Mean You “Regarded“ Them as Disabled

While the 2008 amendments to the Americans with Disabilities Act (“ADA”) made it easier for employees to state a claim that he or she was “regarded as” having a disability, a recent decision from a federal court highlights...more

Baptist Health South Florida to Pay $215,000 to Settle EEOC Disability Discrimination Suit

Health Care Organization Refused to Provide Reasonable Accommodation to Doctor With Epilepsy, Federal Agency Charged - MIAMI - Baptist Health South Florida, Inc., one of the largest health care organizations in South...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

Another Reminder That Inflexible Employment Policies and the ADA Don’t Play Well Together – Court Refuses to Dismiss EEOC Action...

One theme that resonates throughout court decisions and EEOC filings over the last few years is that application of inflexible employment policies to disabled employees often runs afoul of the Americans with Disabilities Act...more

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