Disability Discrimination

News & Analysis as of

Obesity can be a disability, ECJ confirms

Ben Gorner, a Partner in our Birmingham office, comments: As we reported in Be Aware on 1 July and 18 July, the ECJ was recently asked in the case of Kaltoft v Kommunernes Landsforening to consider whether obesity should be...more

Overview of HUD’s 2013 Guidance on Assistance Animals as Reasonable Accommodations under the Federal Fair Housing Statutes, and...

The Fair Housing Amendments Act (FHAA) makes it unlawful to discriminate against disabled individuals in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of disability....more

D.C. Circuit Rejects Challenge To Section 503 Regulations Administered by OFCCP

On Friday, December 12, 2014, the D.C. Circuit rejected a challenge by Associated Builders and Contractors, Inc. (“ABC”) to the recent rules promulgated by OFCCP under Section 503 of the Rehabilitation Act protecting...more

Worker Failed to Show Pretext Following Contract Nonrenewal

The district court properly dismissed a former employee’s retaliation claim under the Americans with Disabilities Act (ADA) because she failed to prove that the employer’s performance-based reasons for her termination were a...more

Perceived Disability Now Recognized Under Connecticut Law

On Monday December 8, 2014, the Connecticut Supreme Court issued its long-awaited decision in the case of Mireille Derosiers v. Diageo North America, Inc. et al. holding that the Connecticut Fair Employment Practices Act (the...more

Justrite Manufacturing Company to Pay $418,000

TO SETTLE EEOC CLASS INVESTIGATION EEOC Found Employer Discriminated and Retaliated Against Disabled Employees - CHICAGO - Justrite Manufacturing Company, a Mattoon, Ill.-based manufacturer of storage, handling and...more

Intern Sues Company in First-of-its-Kind Discrimination Suit under Rhode Island’s Medical Marijuana Law

A graduate student has filed suit with the help of the Rhode Island chapter of the American Civil Liberties Union against a textile manufacturer that allegedly rescinded an offer for a paid internship because the student is a...more

Legitimate Business Reasons Support Termination, Despite Employee's Recent Complaints of Discrimination

Employers often feel forced to walk on eggshells around employees who have made informal or formal complaints of discrimination, and often go so far as excusing otherwise inappropriate conduct for fear of a retaliation claim...more

Employment Law 101: Americans with Disabilities Act

Who does it apply to: The law applies to all employers with 15 or more employees. What is the issue: It is against the law to discriminate against an employee or a prospective employee based on a disability the person...more

Maxim Healthcare Services Will Pay $75,000 to Settle EEOC Disability Discrimination Suit

Staffing Agency Refused to Hire Qualified Applicant because He Is HIV-Positive, Federal Agency Said - PITTSBURGH -- Maxim Healthcare Services, Inc., a nationwide staffing service for nurses and other health care...more

Paloma Blanca in Albuquerque Settles EEOC Disability Discrimination Suit for $145,000

Employee's Firing Was Because of Disabilities, Federal Agency Charged - ALBUQUERQUE, N.M. - Paloma Blanca Health Care Associates, LLC, d/b/a Paloma Blanca Health and Rehabilitation, which owns and operates a health...more

The Affordable Care Act—Countdown to Compliance for Employers, Week 4: EEOC v. Honeywell and the Future of Wellness Programs

While my entries have focused principally on the employer shared responsibility rules of the Affordable Care Act (ACA), every once in a while an item comes along that nevertheless grabs my attention. The treatment of wellness...more

Angel Medical Center to Pay $85,000 to Settle EEOC Disability Discrimination Suit

Hospital Failed to Accommodate and Then Fired Nurse Undergoing Cancer Treatments, Federal Agency Charged - ASHEVILLE, N.C. - Angel Medical Center, Inc., a full-service critical access hospital located in Franklin,...more

Reinstatement Available as a Remedy Nearly Ten Years After Last Day Worked

Although reinstatement in the Human Rights context is considered a unique and uncommon remedy, the Ontario Divisional Court recently refused an application for judicial review of a decision of the Ontario Human Rights...more

EEOC Roundup: October 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

Care for parent leads to firing

Can an employer terminate an employee out of a belief that the employee is too distracted from his job duties due to caring for a relative with a disability? That was the issue in the recent case, Kourimihelakis v. Hartford...more

Randall Ford to Pay $128,750 to Settle EEOC Disability Discrimination Suit

Company Failed to Accommodate Manager and Then Fired Him Due to Back Surgery, Agency Charged - LITTLE ROCK, Ark. - Car dealership Randall Ford in Fort Smith, Ark., will pay $128,750 as part of the settlement of a...more

EEOC and Chicago-Area Marshmallow Maker Reach Accord in Disability Suit

Doumak Agrees to Modify Leave Policies at Manufacturing Facilities - CHICAGO - Doumak, Inc., a longtime Chicago-area marshmallow manufacturer, has agreed to change its leave policies to resolve a disability...more

Baywood Home Care to Pay $30,000 under Decree Ending EEOC Disability Discrimination Lawsuit

Home Health Care Provider Fired Employee With Fibromyalgia and Osteoarthritis Because of Walking Restrictions, Federal Agency Charged - MINNEAPOLIS - A Minneapolis-area home health care provider will pay $30,000 under...more

10 Tips for Communicating with People with Disabilities in the Workplace

October is National Disability Employment Awareness Month, sponsored by the U.S. Department of Labor’s Office of Disability Employment Policy. The purpose of this national campaign is to raise awareness about disability...more

Disability Access Litigation on the Rise

In an article published recently in The Wall Street Journal (“Disability Lawsuits Against Small Businesses Soar,” October 15, 2014), staff writer Angus Loten reported that accessibility lawsuits brought under the Americans...more

Jury Finds In Favor Of EEOC That One-Armed Security Guard Was Fired Because Of His Disability

MIAMI - In a verdict in favor of U.S. Equal Employment Opportunity Commission (EEOC), a jury has found that a licensed security guard with only one arm was unlawfully discriminated against based on his limb loss when his...more

Wal-Mart Stores East Will Pay $72,500 to Settle EEOC Disability Discrimination Lawsuit

Retailer Refused to Reasonably Accommodate Applicant With End-Stage Renal Disease, Federal Agency Charged - BALTIMORE - Wal-Mart Stores East, L.P., will pay $72,500 and provide significant equitable relief to settle a...more

Concurrent Causation from "A Medley of Interesting Disability Cases"

Facts and holding: Rita Kruk (“Kruk”), a Human Resources Specialist, was a participant in an ERISA plan provided through her employment that provided disability benefits. Kruk’s Plan stated that if a disability was due to a...more

EEOC Sues Sushi at the Lake for Disability Discrimination

Cornelius Restaurant Unlawfully Refused to Hire Applicant Because of Amputated Arm, Federal Agency Charges - CHARLOTTE, N.C. - Greenhouse Enterprise, Inc., dba Sushi at the Lake, which operates a restaurant in...more

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