Disability Discrimination

News & Analysis as of

What Is the ADA and Why Should You Care About It?

The Americans with Disabilities Act, commonly known as the ADA, is considered one of the most important pieces of civil rights legislation for people with disabilities. Passed in 1990 and amended in 2008, the ADA attempts to...more

DOJ Settles Action Alleging Bank Discriminated Against Disability Income Recipients

The U.S. Department of Justice recently entered into a consent order with Evolve Bank & Trust to settle charges that the bank discriminated against mortgage loan applicants on the basis of disability and receipt of public...more

Employment Law Commentary, January 2016

Alcoholism And Disability Discrimination: Lessons From The USC Coach’s Case - If you have never dealt with an employee who is an alcoholic, rest assured, you will. Alcoholism has been described as the single largest,...more

P.H. Glatfelter to Pay $180,000 to Settle EEOC Disability Discrimination Lawsuit

Paper Manufacturer Screened Out Individuals With Disabilities Based on Unlawful Qualification Standard, Federal Agency Said - PHILADELPHIA - P.H. Glatfelter Company, a global paper manufacturer headquartered in York,...more

NHC Healthcare/Clinton, LLC will Pay $50,000 to Settle EEOC Pregnancy and Disability Discrimination Lawsuit

Nursing Center Failed to Provide Pregnant Employee with a Reasonable Accommodation and Subsequently Fired Her, Federal Agency Charged - GREENVILLE, S.C. - NHC Healthcare/Clinton, LLC, a licensed nursing center that...more

New Mexico Court Finds Employer Had No Obligation to Accommodate Medical Marijuana Use

Must a New Mexico employer allow an employee to use medical marijuana as a reasonable accommodation for the employee’s disability? “No,” according to a New Mexico federal district court. On January 7, 2016, the court held...more

Downriver Community Services Will Pay $31,000 to Settle EEOC Disability Discrimination Lawsuit

Federally-Qualified Health Center Denied Counselor a Reasonable Accommodation, Terminated Her, Then Refused to Rehire Her Because of a Herniated Disc, Federal Agency Charged - DETROIT - Downriver Community Services will...more

ADA Title III Lawsuits Continue to Rise: 8% Increase in 2015

Our research department has crunched the numbers from the federal court docket and the verdict is that the ADA Title III plaintiff’s bar and their clients are still busy filing lawsuits. Here are the findings...more

Federal Court Says Employer’s All-or-Nothing Requirement that Employees Submit to Wellness Program or Lose Health Insurance is...

Last month, a district court in Wisconsin dealt a blow to the EEOC and the future of its proposed ADA wellness program regulations. In EEOC v. Flambeau, Inc., the court held that that an employer did not violate the...more

Employment Law Update: Is My Company's Website Accessible?

Many of your clients or customers would answer, “Of course. I open Chrome or Internet Explorer, type in the address, and there I am, ready to log-in and shop, pay my bill, or schedule an appointment.” For many others,...more

Is Your Website Subject to the ADA?

Client Alert: Demand Letters for "Lack of Compliance" - Businesses that use websites (virtually everyone) are now receiving, with increasing frequency, demands related to compliance with the Americans with Disabilities...more

Haze Lifting on Employer's Rights and Medical Marijuana

The fast expansion of the medical marijuana movement has brought with it growing confusion on the line between a workers' rights to take advantage of the rights afforded by these state statutes and an employer's right to...more

What Tips the Scale? Obesity as a Perceived Disability Under the ADA

Employers often call with questions about the Americans with Disabilities Act (ADA) as they navigate when and how to make reasonable accommodations for employees with known disabilities. Most are generally familiar with the...more

Pinning It Down: Section 504 and Reasonable Accommodations in Kempf V. The Michigan High School Athletic Association

Less than two weeks after a deaf high school wrestler filed suit against Michigan’s governing body for interscholastic athletics, the parties voluntarily entered into a December 11, 2015 Consent Decree, thereby resolving...more

Employment Law Navigator – Week in Review: January 2016 #2

Last week, a California judge made news when he threw out a $7.1million jury verdict. The verdict had been handed down in the high-profile age and disability discrimination suit brought by the well-known sports curmudgeon...more

EEOC Issues Guidance Directed Specifically to HIV Positive Employees and Their Physicians

On December 1, 2015, in conjunction with World AIDS Day, the EEOC issued two documents addressing the legal rights available to employees with HIV/AIDS under the Americans with Disabilities Act (“ADA”)....more

Seventh Circuit Slams The “Brakes” On The EEOC’s Appeal Of AutoZone ADA Defeat

As we have previously noted, the EEOC continues to push the envelope on many fronts, including new theories/arguments in cases brought under Americans With Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”), such as its...more

Ninth Circuit Reverses ECOA Violation Ruling

In Gomez v. Quicken Loans, Inc., -- Fed Appx. --, 2015 WL 6655476 (9th Cir. Nov. 2, 2015), the Ninth Circuit reversed the district court's dismissal of the appellant's Equal Credit Opportunity Act (ECOA) claim that was based...more

DOJ Reaches $145,000 Settlement Over Access of Emotional Support Animal to University Housing

The U.S. Department of Justice (DOJ) and Kent State University (KSU) reached a $145,000 settlement over claims of discrimination under the Fair Housing Act (FHA) on January 4, 2016. In 2014, DOJ initiated a lawsuit against...more

T.J. Simers $7.1 Million Discrimination Verdict: Easy Come, Easy Go?

Former sports columnist T.J. Simers sued the Los Angeles Times for age and disability discrimination, among other things, when he quit his job in 2013. The Times had allegedly demoted him (although with no cut in his salary...more

Duty to Make Reasonable Adjustments Could Apply to Attendance Management Policy

In Griffiths v Secretary of State for Work and Pensions [2015] EWCA Civ 1265, the Court of Appeal considered whether the duty to make reasonable adjustments under U.K. discrimination law could apply to an attendance...more

Case Alert: Negative Oral Reference Found to be Discrimination Arising from Disability

In Pnaiser v NHS England and Coventry City Council, the Employment Appeal Tribunal (the "EAT") ruled that to make a successful claim of disability discrimination, the employee need show only that the disability was part of...more

Seventh Circuit Reiterates Standard for Establishing Substantial Limitation on the Ability to Work

It goes without saying that an employee cannot prevail on a disability discrimination claim unless he is actually disabled. In the context of the Americans with Disabilities Act (ADA), this means that he must show that a...more

California Supreme Court Raises the Bar for Recovery of Costs by Prevailing Defendants in FEHA Cases

In Williams v. Chino Valley Independent Fire District, the California Supreme Court held that a prevailing defendant in a California Fair Employment and Housing Act (“FEHA”) case can only recover costs of suit where the...more

Fenwick Employment Brief

Bag Checks for Apple Employees Not Compensable Time - Apple Inc. recently convinced a California federal district court to dismiss a certified class action alleging that Apple had a legal duty to pay store workers for...more

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