Disability Discrimination

News & Analysis as of

OHM Concessions Will Pay $151,000 to Settle EEOC Disability Discrimination Suit

Restaurant Fired Manager Days Before Medical Leave for Cancer Surgery, Federal Agency Charged - BALTIMORE - OHM Concessions Group, LLC, which operates Dunkin' Donuts stores at Baltimore-Washington International Airport...more

Dismissal of Employee on Long-Term Sick Leave

In Monmouthshire County Council v Harris UKEAT/0332/14/DA, the Employment Appeal Tribunal (EAT) considered the fairness of a dismissal of an employee on long-term sick leave. Mrs Harris, an employee of Monmouthshire...more

Extra Paperwork Triggers EEOC to File ADA Suit in South Carolina

The EEOC recently filed a disability discrimination suit in a South Carolina federal court (Equal Employment Opportunity Commission v. Correct Care Solutions, LLC). The complaint alleges that Correct Care Solutions, LLC,...more

Mortgage Lender Settles Disability-Based Discrimination Complaint

The Department of Housing and Urban Development’s Office of Fair Housing and Equal Opportunity (FHEO) has announced its successful negotiation of a “conciliation agreement” between the parties to a lawsuit alleging...more

EEOC Sues Correct Care Solutions for Disability Discrimination

Health Care Provider Fired Employee With Seizure Disorder Despite Doctor's Clearance, Federal Agency Charges - COLUMBIA, S.C. - Correct Care Solutions, LLC, a Kansas corporation that provides medical services to...more

Hoeganaes Corporation Settles EEOC Disability Discrimination Lawsuit

Steel and Iron Powder Company Denied Applicant a Job Because It Regarded Him as Disabled, Federal Agency Charged - NASHVILLE, Tenn. - Hoeganaes Corporation will pay $47,500 and furnish other significant equitable relief...more

More Lawsuits This Holiday Season?

Employers are acutely aware of the legal pitfalls that come with the holiday season. Office parties and alcohol are a potent recipe for bad judgment, and that bad judgment leads to harassment charges and lawsuits. Another...more

EEOC Has Attendance Point Systems in its Sights

Attendance point systems undoubtedly have appeal. These policies — often referred to as “no fault attendance policies” because they assign points to absences regardless of the cause — take the subjectivity out of...more

Employment Law Navigator – Week in Review: November 10, 2015

Last week, a jury awarded sports journalist, T.J. Simers a $7.1 million verdict in his age and disability discrimination suit against the Los Angeles Times. Mr. Simers alleged that he was subjected to discrimination...more

ADA Title III Lawsuit Numbers Hold Steady for First Half of 2015

We’ve done the review and crunched the numbers: It appears that the surge of ADA Title III lawsuits we saw from 2013 to 2014 is holding strong, though possibly leveling off. You may recall that there was a 60% increase...more

Pactiv to Pay $1.7 Million to Settle EEOC Disability Discrimination Class Investigation

CHICAGO - Pactiv LLC, an Illinois-based provider of advanced packing solutions to customers around the world, will pay $1,700,000 to conciliate a disability discrimination charge filed with the U.S. Equal Employment...more

T.J. Simers $7.1 Mill Discrimination Verdict: Post-Game Wrap-Up

Wednesday night the Los Angeles jury hearing the age and disability discrimination case of former sports columnist T.J. Simers came back with a verdict in his favor of $7.1 million, consisting of retro and future lost income,...more

BREAKING: T.J. Simers Awarded $7.1 Million!

Based on the information I had, I felt that this should have been a summary judgment case for the Los Angeles Times. But the jury in Los Angeles did not agree. Law360 (and some of our readers – thank you!) reports that the...more

Jury Sides with FedEx in ADA Failure to Accommodate Case

For those of you who think the Americans with Disabilities Act (ADA) means you have to do whatever a disabled employee wants, I bring good news from of all sources, a jury in California. This case had it all—an employee...more

EEOC Nationwide Disability Discrimination Case Against Autozone to Proceed

Court Rejects Auto Parts Retailer's Request to Second-Guess EEOC Investigation - CHICAGO - A federal district court has denied a request by auto parts retailer AutoZone to limit the scope of a nationwide disability...more

Betriebliches Eingliederungsmanagement (BEM) vor krankheitsbedingter Kündigung

Sind Arbeitnehmer innerhalb eines Jahres länger als sechs Wochen ununterbrochen oder wiederholt arbeitsunfähig erkrankt, muss der Arbeitgeber nach § 84 Abs. 2 SGB IX klären, wie die Arbeitsunfähigkeit überwunden und wie der...more

EEOC Sues Randstad for Disability Discrimination

Temporary Agency Refused to Hire Laborer Because She Was a Recovering Drug Addict in Medically Supervised Treatment Program, Federal Agency Charges - BALTIMORE - Baltimore-based temporary labor agency Randstad, US, LP,...more

Employers Need to Consider Accommodation Requests Made at Any Time During a Disabled Employee’s Employment

Can an employer simply ignore a request by a disabled employee for an accommodation made in a meeting that could lead to the employee’s termination? A recent federal case from Wisconsin says no. In the case, the former...more

Baker Wellness Center to Pay $30,000 to Settle EEOC Disability Discrimination Lawsuit

Baton Rouge-Area Adult Day Care Fired Employee Because of Diabetes, Federal Agency Charged - NEW ORLEANS - Baker Wellness Center, Inc., a Baton Rouge-area adult day care and wellness center, will pay $30,000 and furnish...more

Employee on Extended Medical Leave Cannot Claim ADA Violation for Reduced Discretionary Bonus

The Americans with Disabilities Act prohibits employers from discriminating against protected individuals with respect to terms and conditions of employment, including compensation. Employers frequently ask whether these...more

New York State Adds Protected Classifications and Remedies for Workplace Discrimination

The new laws are designed to protect equality for female employees in New York State; Governor also proposes regulations that would extend protections to transgender employees. On October 21, New York Governor Andrew...more

EEOC Issues Proposed Rule to Amend Title II of GINA

Rule Clarifies Incentives That Can Be Provided For Health Information of a Spouse Participating In an Employer-Sponsored Wellness Program - WASHINGTON - On Friday, October 30, 2015, the U.S. Equal Employment Opportunity...more

Plasma Biological Services To Pay $60,000 To Settle EEOC Disability Discrimination Charge

Plasma Center Fired Employee Believed to Have Tested Positive for Viral Marker, Federal Agency Charged - MEMPHIS, Tenn. - Plasma Biological Services, LLC and Interstate Blood Bank, Inc., dba Plasma Biological Service,...more

Three Quick Strategic Responses to Title III ADA Class Action Claims

Our firm is handling a growing tide of Title III of the Americans with Disabilities Act (ADA) claims. Public accommodations — which include retailers, mall owners and restaurants, are prohibited from discriminating against...more

DAP Products Sued By EEOC For Disability Discrimination

Construction Products Manufacturer Fired Capable Worker Because of Cancer, Federal Agency Charged - DALLAS - DAP Products, Inc., a Dallas-based business and a leading manufacturer of home repair and construction...more

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