Disability Discrimination

News & Analysis as of

Prevailing FEHA Defendant Not Entitled To Litigation Costs Unless Plaintiff’s Lawsuit Lacked Objective Basis

The California Supreme Court in Williams v. Chino Valley Independent Fire District affirmed the asymmetrical nature of litigation costs awards in discrimination lawsuits under the California Fair Employment and Housing Act...more

EEOC Officials Field Pointed Questions During Senate Committee Hearing

The Equal Employment Opportunity Commission's enforcement strategies and ligation history came under fire from Republican members of the Senate Committee on Health, Education, Labor and Pensions on Tuesday. During the hearing...more

Status Updates: Facebook Posts—Reliable Evidence?; Quora Post Costs Applicant a Job; a New Ephemeral Messaging App

Facebook: Fact or fiction? These days, courts are more and more frequently faced with disputes over whether, as part of the discovery process, a litigant should be entitled to view the opposing party’s social media posts. As...more

EEOC Issues Proposed Rule on Wellness Programs

The Equal Employment Opportunity Commission (EEOC) has released a proposed rule providing guidance on the application of the Americans with Disabilities Act (ADA) to employer-sponsored wellness programs. The issuance of the...more

Being “Qualified” Doesn’t Necessarily Mean Being Able to Perform “Essential Functions” of Job

Back in September 2013, I reported on a seemingly never-ending case of Tomick v. UPS and mentioned that it was headed to its second appeal at the Connecticut Appellate Court. (I talked about the history of the case and the...more

Federal Lawsuit Challenging Uber X’s Exclusion of Service Animals Shifts into Discovery

Recently, a Federal court in Northern California denied Uber Technologies, Inc.’s request to dismiss an access lawsuit. The plaintiffs, National Federation of the Blind of California (“NFBC”) and individual blind members with...more

McPhee Electric and Bond Brothers to Pay $120,000 to Settle EEOC Disability Discrimination Suit

Construction Contractors Refused to Hire Applicant Because of His Dyslexia - NEW YORK - McPhee Electric Ltd., a construction company with offices in Connecticut, and Bond Brothers, Inc., a construction management and...more

Five Ways the EEOC Proposed Wellness Regulations Would Change Workplace Health Initiatives

The Americans with Disabilities Act (ADA) generally prohibits employers from requiring current employees to submit to medical examinations or medical inquiries unless the exam or inquiry is “job-related and consistent with...more

Liberty Chrysler Dealership Sued by EEOC for Disability Discrimination

Saleswoman Discharged Due to Multiple Sclerosis, Federal Agency Alleged - RENO, Nev. -- Nevada-based dealership Liberty Chrysler, Jeep, Dodge LLC violated federal law when it fired an employee diagnosed with multiple...more

EEOC Roundup: March 2015

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 Issues Proposed Regulations Clarifying Parameters of Employee Wellness Programs

What you need to know: The EEOC recently issued proposed regulations and guidance describing how the Americans With Disabilities Act applies to employer-sponsored wellness programs. The proposed changes clarify the...more

EEOC’s Proposed Wellness Regulations Add Burdensome Notice Requirement; Still Prohibit Mandatory HRAs

On April 16, 2015, the Equal Employment Opportunity Commission (EEOC) released proposed regulations covering wellness programs that involve disability-related inquiries or medical examinations....more

More for Employers to Be Anxious About Under the ADAAA

In 2008, Congress enacted the ADA Amendments Act of 2008 (ADAAA), which expanded the Americans with Disabilities Act of 1991 (“ADA”). Congress passed the ADAAA with the express intent of counteracting several Supreme Court...more

Highly Anticipated Proposed EEOC Guidance May Force Design Changes on Existing Wellness Programs

On Monday, the Equal Employment Opportunity Commission ("EEOC") published much anticipated proposed regulations amending Americans with Disabilities Act ("ADA") regulations on employer wellness programs. Specifically, the...more

Helmerich & Payne to Pay $59,000 to Settle EEOC Disability Discrimination Suit

Company Made Illegal Medical Inquiries and Violated Confidentiality Requirements, Federal Agency Charged - TULSA, Okla. - Helmerich & Payne, Inc. (H&P), a Tulsa-based drilling contractor, will pay a former employee...more

EEOC Sues McLane Foodservice for Disability Discrimination

Food Supplier Refused to Hire Applicant on the Basis of Disability, Federal Agency Charges - MEMPHIS, Tenn. - McLane Foodservice, Inc., which supplies foodservice deliveries to fast-food chain restaurants, violated...more

Appellate Court Notes

- AC35807 - Llera v. Commissioner of Correction [Not summarized.] - AC36240 - Customers Bank v. Tomonto Industries, LLC Plaintiff bank acquired the assets of a defunct bank from the FDIC, including the $3...more

Howard University Will Pay $35,000 to Settle EEOC Disability Discrimination Lawsuit

University Refused to Hire Qualified Applicant for Security Officer Position Because of His Diabetes, Federal Agency Charged - WASHINGTON - Howard University, a historically black university in the District of...more

Supervisor’s “Smoking Gun” Comments Keep ADA Claim Alive

A recent case out of New York reminds employers of the serious impact that off-the-cuff comments can have, especially when they take place during an employee’s termination. A couple of statements uttered by a supervisor,...more

EEOC Issues Long-Awaited Wellness Program Rules

Late last week, the EEOC released the proposed rules on wellness programs for employers. These long-awaited proposed rules will likely be adopted in full by this summer, after the public has 60 days to submit comments....more

EEOC Issues Proposed Wellness Program Amendments to ADA Regulations

On April 16, 2015, the Equal Employment Opportunity Commission (“EEOC”) released its highly anticipated proposed regulations (to be published in the Federal Register on April 20, 2015, for notice and comment) setting forth...more

6th Circuit Provides Road Map for ADA Accommodation Cases

A recent Sixth Circuit Court of Appeals case provides employers with a great example of how to evaluate accommodation requests under the Americans with Disabilities Act (ADA). In EEOC v. Ford Motor Co., a case which...more

6th Circuit: Telecommuting Not a Reasonable Accommodation

On Friday, the United States Court of Appeals for the Sixth Circuit issued its decision in EEOC v. Ford Motor Company, No. 12-2484, 2015 WL 1600305 (6th Cir. Apr. 10, 2015), an ADA case involving telecommuting as a reasonable...more

Employee Survives Summary Judgment with Self-Serving Testimony

In Nigro v. Sears, Roebuck and Co., (No. 12-57262, filed 2/25/15, amended 4/10/15) (Nigro), the United States Court of Appeals for the Ninth Circuit held a self-serving declaration can be sufficient to create a genuine issue...more

Deceased Employee's ADA Claim Becomes Property of Estate

What happens when a plaintiff pursuing a disability discrimination claim under the Americans with Disabilities Act dies during administrative or judicial review? Are the claims of such a personal nature that they expire along...more

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