Disability Discrimination

News & Analysis as of

EEOC Sues Neenah Paper for Disability Discrimination

Company Required Employee to Take Meds at Job Site as a Condition of Employment, Federal Agency Charged - DETROIT - Neenah Paper, Inc., a manufacturer of various types of premium paper with a paper mill in Munsing,...more

Disability Access – Application of Disabled Persons Act and Unruh Act – Service Animals

Seth Flowers, et al. v. Brinda Prasad, et al. - California Court of Appeal, Second Appellate District (July 17, 2015) - The Unruh Civil Rights Act and Disabled Persons Act vary in their provisions. The Court of...more

Tennessee Supreme Court Throws Out Applicant's Workers' Compensation Retaliation Claim Against Prospective Employer

On August 21, 2015, the Tennessee Supreme Court held that a job applicant does not have a cause of action under the Tennessee Workers' Compensation Act (TWCA) against a prospective employer for failure to hire based on the...more

EEOC takes aim at Target for discriminatory pre-employment tests

The EEOC recently announced its $2.8 million settlement with Target Corp. of discrimination claims arising out of the use of employment tests in the hiring process. Discriminatory pre-employment tests like the ones at issue...more

Target Corporation to Pay $2.8 Million to Resolve EEOC Discrimination Finding

Company's Former Use of Pre-Hire Employment Assessments Discriminated Based on Race and Sex and Violated the ADA, Federal Agency Found - MINNEAPOLIS - Target Corporation, which is headquartered in Minneapolis, has agreed...more

That is SO last week - August 2015 #4

We’ve been talking potential bias in big data for some time now, and last week’s news was full of concerns about just that. The New York Times Upshot Blog interviewed a Microsoft computer scientist on the subject; NBC News...more

A Surprising Holding by the Tennessee Supreme Court Regarding Workers' Compensation Retaliation Claims

On Friday, the Tennessee Supreme Court held in Yardley v. Hospital Housekeeping Systems that applicants are not eligible as a matter of law to assert "failure to hire" claims based on even the admitted fact that the reason...more

Summary of California Appellate Decisions -August 2015

Insurance; Duty To Defend; Insurance Coverage; Intentional Acts; Sexual Misconduct - Gonzalez v. Fire Insurance Exchange (2015) 234 Cal.App.4th 1220, 184 Cal.Rptr.3d 394 (WL 960927) - Facts: This is an...more

Mississippi HomeCare of Picayune to Pay $100,000 to Settle EEOC Disability Discrimination Suit

Home Healthcare Provider Failed to Provide a Reasonable Accommodation and then Terminated Employee, Federal Agency Charged - BIRMINGHAM, Ala. - Mississippi HomeCare of Picayune, a major home healthcare provider in the...more

Brookdale Senior Living to Pay $112,500 to Settle EEOC Disability Discrimination Lawsuit

Company Refused to Provide Reasonable Accommodations and Fired Employee with Fibromyalgia, Federal Agency Charged - DENVER - Brookdale Senior Living Communities, Inc. of Denver will pay $112,500 and furnish other relief...more

Bedford Weaving Sued for Genetic Information and Disability Discrimination

Company Asked Illegal Questions on Its Application and Failed to Hire an Employee Because of Her Disability, EEOC Charged - RICHMOND, Va. - Bedford Weaving, Inc., a broad loom fabric weaving manufacturer, violated...more

Sims Recycling and All-Star Personnel to Pay $25,000 to Settle EEOC Disability Discrimination Suit

International Recycling Company and Staffing Agency Refused to Assign Employee With Hearing Loss, Federal Agency Charged - NASHVILLE, Tenn. - Sims Recycling Solutions, Inc., an international electronics recycling...more

Happy Birthday ADA and How We Can Celebrate

The Americans with Disabilities Act (ADA) is 25 years old this year. I was a newly minted lawyer when this law emerged in 1990 and as I have grown, so have the number of disability discrimination lawsuits. In celebration of...more

Does Your Institution Have a Disability Accommodation Policy? It Should.

The Americans with Disabilities Act Amendments Act (“ADA”) prohibits discrimination against individuals with disabilities. The ADA also requires an employer to make reasonable accommodations for the known disabilities of an...more

Employer Win in California – Say What??? Stress From Working Under Particular Supervisor is Not a Disability

Over the course of a career many workers experience the displeasure of dealing with a difficult supervisor — the type of individual whose mere presence in the workplace is a source of dread and whose name inspires feelings of...more

EEOC Scores Six Figure Settlement Against University Of Michigan; For Limited Reassignment To The Most Well-Qualified Candidate...

Earlier this year, the Department of Justice (DOJ), which enforces the Americans with Disabilities Act (ADA) alongside the Equal Employment Opportunity Commission (EEOC), sued the University of Michigan regarding the school’s...more

The Pines of Clarkston to Pay $42,500 to Settle EEOC Disability Discrimination Lawsuit

Care Center for the Elderly Discharged Administrator After Learning of Her Epilepsy, Federal Agency Charged - DETROIT - The Pines of Clarkston, Inc., part of a group of assisted living facilities in southeastern...more

Magnolia Health Sued by EEOC for Widespread Disability Discrimination

Class of Individuals Denied Jobs, Accommodations or Fired Due to Their Perceived or Actual Disabilities, Says Federal Agency - FRESNO - The U.S. Equal Employment Opportunity Commission (EEOC) today announced it filed a...more

DOL and EEOC Offer Insight into How They Will Approach FMLA and Reasonable Accommodation Enforcement

This week, I had the pleasure of presenting with Department of Labor and EEOC officials on key developments out of Washington with respect to leave management and accommodations.  Our presentation was part of the...more

Ninth Circuit Says Employee Who Made Death Threats Against His Co-Workers Could Not Sue His Employer For Disability Discrimination

Joining similar holdings from several other circuits, the Ninth Circuit recently held in Mayo v. PCC Structurals, Inc. that a depressed employee who threatened to kill his co-workers and was thereafter fired was not a...more

Does Threatening To Kill Your Co-Workers Preclude an ADA Claim for Wrongful Termination?

In Timothy James Mayo v. PCC Structurals, Inc., 9th Cir., Case No. 13-35643, the Court of Appeals for the Ninth Circuit held that an employee, who was terminated after making credible death threats against his supervisor and...more

Celadon Trucking Services, Inc. to Pay $200,000 to Settle Lawsuit

Celadon Unlawfully Subjected Applicants to Pre-Employment Medical Examinations - INDIANAPOLIS - Celadon Trucking Services, Inc., a trucking company headquartered in Indianapolis, Indiana, has agreed in a consent decree...more

Second Circuit Rejects Ledbetter Application to Job Bias Cases

In a recent case, the U.S. Court of Appeals for the Second Circuit (“Second Circuit”) narrowed the scope of extended time limits offered by the Lilly Ledbetter Pay Fairness Act of 2009 (the “Ledbetter Act”). By way of...more

Taprite Fassco to Pay $72,500 to Settle EEOC Sex, Disability and Retaliation Discrimination Suit

Company Demoted Employee Because of Arthritis and Carpal Tunnel Syndrome, Federal Agency Charged - SAN ANTONIO, Texas - Taprite Fassco Manufacturing, Inc., a San Antonio-based manufacturer of CO2 regulators in the soda...more

Dual Ruling in FEHA Case Addresses Evidence Required to Establish Qualified Disability and Sets High Standard for Cost Recovery as...

Gabriel L. Roman, et al. v. BRE Properties, et al. - Court of Appeal, Second Appellate District (June 17, 2015) - The Fair Employment and Housing Act (“FEHA”) prohibits, as unlawful discrimination, a refusal to make...more

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