Disability Discrimination

Did You Know…EEOC Clarified That “Disability” Within The Meaning Of The ADA Now Includes Cancer, Diabetes, Epilepsy, And...

by Katie Briscoe | Nossaman LLP on 5/17/2013

Recently, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its informal guidance on how the Americans with Disabilities Act (“ADA”) applies to job applicants or employees with cancer, diabetes, epilepsy, and...more

Legislation Roundup: Maryland General Assembly Mandates that Employers Provide "Light Duty" to Pregnant Disabled Women, Leave for...

by Joseph Harkins, Steven E. Kaplan | Littler on 5/17/2013

In May 2013, Governor Martin O'Malley signed three noteworthy statutes that will affect virtually every Maryland employer. Effective October 1, 2013, Maryland employers with 15 or more employees must provide their pregnant...more

Self Described “Happy Drunk” With Sleep Apnea Was Not Disabled: Adjudicator

by Adrian Miedema | Dentons on 5/14/2013

“Not every ailment amounts to a disability”, an adjudicator has held, in dismissing an employee’s grievance. Employers who often wonder what types of ailments or conditions amount to “disabilities” will find this decision...more

BMO Harris Bank to Pay $400,000 to Resolve EEOC Disability Lawsuit

by U.S. Equal Employment Opportunity Commission... on 5/14/2013

Federal Agency Says Bank's Medical Leave Policy Violated the Americans with Disabilities Act - CHICAGO - BMO Harris Bank will pay $400,000 to a group of 14 former employees under a consent decree entered on May 2,...more

EEOC Wins Substantial Jury Verdicts Totaling Over $260 Million

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 5/10/2013

The Equal Employment Opportunity Commission (EEOC) has obtained significant jury verdicts for damages totaling $260 million in disability discrimination and sexual harassment lawsuits. These verdicts stress the importance for...more

EEOC Signals Increased Focus on Employer-Sponsored Wellness Programs

by Martha J. Zackin | Mintz Levin - Employment, Labor & Benefits on 5/9/2013

A majority of US employers offer some sort of wellness program designed to reduce the cost of health insurance and healthcare costs, and to improve the health and well-being of employees. However, unless care is taken, even...more

Employer Wellness Programs Need Guidance to Avoid Discrimination

by U.S. Equal Employment Opportunity Commission... on 5/9/2013

Panel of Experts Tells EEOC of Need to Clarify Interplay Between Programs, Anti-Discrimination Laws - WASHINGTON-Wellness programs are an increasingly common feature of employee benefits programs, and guidance is...more

Fort Worth Center of Rehabilitation Sued by EEOC for Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 5/8/2013

Health Care Facility Refused to Allow Alternate Form of Drug Testing as a Reasonable Accommodation for Applicant with Renal Failure, Agency Charged - DALLAS - The Fort Worth Center of Rehabilitation violated federal...more

SITA Information Networking Computing USA Settles EEOC Disability Discrimination Suit

by U.S. Equal Employment Opportunity Commission... on 5/8/2013

Company Withdrew Job Offer Because of Cancer Surgery, Federal Agency Charged - ATLANTA - An Atlanta-based air transport communications and information technology company has agreed to settle a disability discrimination...more

Probat/Bauermeister to Pay $100,000 to Settle EEOC Disability Discrimination Lawsuit

by U.S. Equal Employment Opportunity Commission... on 5/8/2013

German Companies Fired Memphis Employee Due to Bipolar Disorder, Federal Agency Charged - MEMPHIS, Tenn. - Probat, Inc. and Probat Burns, Inc., d/b/a Bauermeister, Inc., German-based companies which roast and grind...more

Labor Bureau Releases Statistics Related To Employment Barriers For Persons With Disabilities

by Peggy Carter-Ward | XpertHR - Partnered with LexisNexis on 5/3/2013

In light of a recent Bureau of Labor Statistics (BLS) report, employers should review their internal policies regarding flexible work arrangements in order to recruit and retain qualified employees with disabilities. The BLS...more

Pregnancy and Disability Discrimination the Focus of EEOC Enforcement Activity

by Robert Meyer, David L. Woodard | Poyner Spruill LLP on 4/30/2013

Since Congress’ enactment of amendments to the Americans with Disabilities Act (ADA) in 2008, making it easier to establish disability status under that law, the EEOC has directed more of its attention to claims of pregnancy...more

Pennsylvania Court Denies Certification Of Disability Discrimination Claims

by Greg Mersol | BakerHostetler on 4/30/2013

In the vast majority of discrimination cases, there is little dispute over whether the plaintiff is actually in a protected group. For example, in sex discrimination cases, for the most part, they are either male or female;...more

Does Partial Deafness Constitute a Disability Under the ADAAA? The Question Remains Unanswered

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/29/2013

A federal court in Pennsylvania recently dismissed a lawsuit filed by a female newspaper page designer who claimed that she was laid off because of her gender and her deafness in one ear. Mengel v. Reading Eagle Company, No....more

Baptist Health South Florida Sued by EEOC for Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 4/24/2013

Physician With Epilepsy Denied a Reasonable Accommodation and Fired by Coral Gables Doctor's Hospital, Federal Agency Charged - MIAMI - Baptist Health South Florida, a Miami-based hospital system, violated federal law...more

Alia Corp. To Pay $100,000 to Settle EEOC Disability Discrimination Suit

by U.S. Equal Employment Opportunity Commission... on 4/19/2013

Franchisee Demoted a Supervisor with Intellectual Disability to Janitorial Position & Forced Him to Resign Due to Disability, Alleged Federal Agency - FRESNO, Calif. - Alia Corporation, a franchisee with over 20...more

AVT to Pay $50,000 to Settle EEOC Disability Discrimination Case

by U.S. Equal Employment Opportunity Commission... on 4/17/2013

Waconia Manufacturer Fired Employee After a Week in Hospital, Federal Agency Charged - MINNEAPOLIS - Applied Vacuum Technology (AVT), a Waconia, Minn.-based company that manufactures a full line of vacuum hardware,...more

Employment Law Newsletter: April 2013

by Mandy Arjmand, Laura Flynn, J. Stephanie Krmpotic, Christine Balbo Reed, Steve Werth | Low, Ball & Lynch on 4/17/2013

Post-Brinker Meal Break Decisions on Class Certification De-Published by California Supreme Court - We have previously reported on the California Supreme Court’s decision in Brinker Restaurant Corp. v....more

EDSI to Pay $70,000 to Settle EEOC Pregnancy & Disability Discrimination Suit

by U.S. Equal Employment Opportunity Commission... on 4/17/2013

Company Fired Pregnant Worker & Her Husband for Reporting Discrimination - LAS VEGAS-Engineering Documentation Systems, Inc. (EDSI) agreed to pay $70,000 and to implement anti-discrimination measures to settle a ...more

EEOC Sues Wal-Mart for Sexual Harassment, Retaliation and Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 4/12/2013

Developmentally Disabled Walmart Employee in Akron Store Fired for Complaining About Sexual Touching, Federal Agency Charges - CLEVELAND - Wal-Mart Stores East, L.P. violated federal law by allowing a male employee...more

Sixth Circuit Stands by School System's Promotion Decisions

by Todd Photopulos | Butler, Snow, O'Mara, Stevens and Cannada,... on 4/11/2013

Both public and private employers should take note of a recent decision by the Sixth Circuit Court of Appeals that rejected a disgruntled employee’s contention that she was denied promotion because of a “perceived...more

Employment Contract’s Choice-Of-Law Provision Governs Question of Arbitrability, Court of Appeal Rules

by Michael Newman | Barger & Wolen on 4/8/2013

In Harris v. Bingham McCutchen, the California Court of Appeal, Second Appellate District held that the drafter of an adhesion contract could not avoid the contract’s choice-of-law provision in determining the enforceability...more

Employment Law Reporter – April 2013: "We won! Wait, no, we lost!": The Narrative Arc of a Disability Discrimination Lawsuit

by Karina Sterman | Ervin Cohen & Jessup LLP on 4/8/2013

An employee (Prock) becomes temporarily but totally disabled by an anxiety disorder, goes out on a disability leave and receives disability benefits. The disability leave is extended by the employee’s doctor several times....more

Reinstatement Of Employment Ordered – A Decade After Disability Leave Commenced

by Catherine P. Coulter | Dentons on 4/3/2013

In a March 2013 decision that is likely to be challenged in the courts, the Ontario Human Rights Tribunal has ordered the reinstatement of an employee a decade after she went on disability leave, together with loss of wages...more

Dependable Health Services to Pay $40,000 to Settle EEOC Disability Discrimination Lawsuit

by U.S. Equal Employment Opportunity Commission... on 4/3/2013

Former Administrative Assistant Fired After Experiencing Stroke-Like Symptoms, Federal Agency Said - SAN ANTONIO - San Antonio-based Dependable Health Services, Inc. (DHS), which provides contract workers to U.S....more

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Did You Know…EEOC Clarified That “Disability” Within The Meaning Of The ADA Now Includes Cancer, Diabetes, Epilepsy, And...

Legislation Roundup: Maryland General Assembly Mandates that Employers Provide "Light Duty" to Pregnant Disabled Women, Leave for...

Self Described “Happy Drunk” With Sleep Apnea Was Not Disabled: Adjudicator

BMO Harris Bank to Pay $400,000 to Resolve EEOC Disability Lawsuit

EEOC Wins Substantial Jury Verdicts Totaling Over $260 Million

EEOC Signals Increased Focus on Employer-Sponsored Wellness Programs

Employer Wellness Programs Need Guidance to Avoid Discrimination

Fort Worth Center of Rehabilitation Sued by EEOC for Disability Discrimination

SITA Information Networking Computing USA Settles EEOC Disability Discrimination Suit

Probat/Bauermeister to Pay $100,000 to Settle EEOC Disability Discrimination Lawsuit

Labor Bureau Releases Statistics Related To Employment Barriers For Persons With Disabilities

Pregnancy and Disability Discrimination the Focus of EEOC Enforcement Activity

Pennsylvania Court Denies Certification Of Disability Discrimination Claims

Does Partial Deafness Constitute a Disability Under the ADAAA? The Question Remains Unanswered

Baptist Health South Florida Sued by EEOC for Disability Discrimination

Alia Corp. To Pay $100,000 to Settle EEOC Disability Discrimination Suit

AVT to Pay $50,000 to Settle EEOC Disability Discrimination Case

Employment Law Newsletter: April 2013

EDSI to Pay $70,000 to Settle EEOC Pregnancy & Disability Discrimination Suit

EEOC Sues Wal-Mart for Sexual Harassment, Retaliation and Disability Discrimination

Sixth Circuit Stands by School System's Promotion Decisions

Employment Contract’s Choice-Of-Law Provision Governs Question of Arbitrability, Court of Appeal Rules

Employment Law Reporter – April 2013: "We won! Wait, no, we lost!": The Narrative Arc of a Disability Discrimination Lawsuit

Reinstatement Of Employment Ordered – A Decade After Disability Leave Commenced

Dependable Health Services to Pay $40,000 to Settle EEOC Disability Discrimination Lawsuit

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