News & Analysis as of

Direct Optical to Pay $53,000 to Settle Disability Discrimination Suit

Farmington Hills Optical Store Fired Employee Because of Request for Service Dog, Federal Agency Charged - DETROIT - Direct Optical, Inc., an optical store in Farmington Hills, Mich., will pay $53,000 and furnish other...more

EEOC Roundup: February 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

Court: Regular Attendance Is an Essential Job Function

Americans with Disabilities Act (ADA) compliance can be challenging, as employers attempt to decipher whether a specific situation falls under the definitions of the law, such as when they must provide accommodations to an...more

EEOC Roundup (January 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

EEOC Sues Wal-Mart Stores East for Disability Discrimination

Cockeysville Store Refused to Accommodate Applicant With End-Stage Renal Disease, Federal Agency Says - BALTIMORE - Wal-Mart Stores East, LP violated federal law when it refused to employ an individual with end-stage...more

Risky Business: TPAs as Employers under the ADA

Last week, in Brown v. Bank of America et al., No. 1:13-cv-00367-JAW (D. Me. March 7, 2013), a federal district court in Maine refused to dismiss a Bank employee’s disability discrimination claims against a third party...more

Is An Employee Who Is Six Days out of Rehab “Disabled” Under the TCHRA?

The Texas Commission on Human Rights Act (TCHRA) provides that a “current condition of addiction” to alcohol, drugs, or controlled substances is not a covered “disability.” In Melendez v. Houston Independent School District...more

Nexsen Pruet Employment Law Update - March 10, 2014: Should Employers "Get Physicial"?

Many employers require that applicants pass a pre-employment medical exam to ensure they are physically capable of doing the job. Employers should be aware that pre-employment medical exams, while not categorically barred,...more

EEOC Settles Disability Discrimination Suit Against Osceola Community Hospital

Consent Decree Provides $75,000 to Experienced Child Care Worker Refused Hire Because of Her Cerebral Palsy, Federal Agency Says - CHICAGO - Osceola Community Hospital in Sibley, Iowa will pay $75,000 and furnish other...more

Partying In The Store

The cost of bad behavior in the workplace can be significant and assorted. Bad behavior damages morale, results in a loss to a company’s profits, jeopardizes safety, and diminishes productivity. Use of drugs and alcohol – or...more

Rexnord Industries to Pay $25,000 in EEOC Disability Bias Suit

Company Fired Employee Because It Regarded Her as Disabled, Federal Agency Charged - MILWAUKEE - A federal magistrate judge in Milwaukee has entered a consent decree resolving a disability discrimination lawsuit...more

Does a 100% Healed Policy Violate the ADA? What to Require of Employees Returning From Leave

Earlier this month, the U.S. District Court for the Northern District of Illinois denied a motion to dismiss a claim filed by the Equal Employment Opportunity Commission (EEOC) on behalf of a class of individuals challenging...more

You May Think They Are Disabled But That Doesn’t Mean You “Regarded“ Them as Disabled

While the 2008 amendments to the Americans with Disabilities Act (“ADA”) made it easier for employees to state a claim that he or she was “regarded as” having a disability, a recent decision from a federal court highlights...more

EEOC Sues Nick's Restaurant for Disability Discrimination, Sexual Harassment, Retaliation

Restaurant/Sports Bar Revoked a Reasonable Accommodation for a Disabled Server and Fired Her After She Complained, Federal Agency Charges - HOUSTON - PNS Investments, Inc. operating as Nick's Restaurant and Sports Bar,...more

Another Reminder That Inflexible Employment Policies and the ADA Don’t Play Well Together – Court Refuses to Dismiss EEOC Action...

One theme that resonates throughout court decisions and EEOC filings over the last few years is that application of inflexible employment policies to disabled employees often runs afoul of the Americans with Disabilities Act...more

Temporary Accommodation Does Not Waive ADA "Essential Functions" Defense

Good employers often attempt to provide support for employees who are facing personal issues. Such was the case when Selena Hancock developed a nerve condition that prevented her from lifting more than 20 pounds. Although an...more

Last Call! Third Circuit Court Of Appeals Rules That Employer Can Terminate Employee For Violating Strict No Alcohol Return To...

The Third Circuit Court of Appeals recently issued a decision holding that an employer's termination of an employee for violating a very broad and restrictive return to work agreement (RWA), which prohibited the employee from...more

Employment Newsletter - February 2014: Telecommuting as a Reasonable Accommodation: A Remote Possibility?

In recent years, many employers have shied away from telecommuting programs and arrangements, believing employees cannot perform their jobs as effectively from home or be adequately supervised while working remotely. Disputes...more

Fourth Circuit Rules Temporary Impairment May Be a Disability Under the ADAAA

In late January, the U.S. Court of Appeals for the Fourth Circuit held in Summers v. Altarum Institute Corp., No. 13-1645 (4th Cir. Jan. 23, 2014), that "a sufficiently severe temporary impairment may constitute a...more

EEOC Increased Focus on ADA Enforcement in 2013

Last year was a busy one for the U.S. Equal Employment Opportunity Commission (EEOC), according to a report by the law firm Seyfarth Shaw LLP. During the fiscal year ending September 30, 2013, the EEOC sharpened its focus on...more

EEOC Sues Genesis Healthcare for Refusing to Hire Deaf Applicant

Nursing Home Offered Deaf Applicant a Job but Reneged, Federal Agency Charges - NEW YORK - Genesis HealthCare, LLC, the owner of Holly Manor Center nursing facility in Mendham, N.J., violated federal...more

Failure to provide an Ounce of ADA Compliance is worth a Pounding by the DOJ - What you can learn from the DOJ's settlement...

The Department of Justice (DOJ) continues to make the hospitality sector a target for enforcement of the Americans with Disabilities Act (ADA). Starwood Hotels and Resorts Worldwide, Inc. and The Phoenician are the latest to...more

Employment Law Litigation Trends: How Your Nonprofit Can Avoid Common Family and Medical Leave Lawsuits

In this presentation: - Litigation Trends Under Family-Oriented Employment Laws - Tips for Minimizing the Risk of Litigation - Questions - Excerpt from Tips for Minimizing the Risk of...more

Sixth Circuit Reverses Summary Judgment For Employer: Genuine Issues Of Material Fact Remain As To Whether Disabled Plaintiff Is...

The Sixth Circuit recently reversed a summary judgment granted to an employer that asserted it had terminated the disabled plaintiff because he was no longer qualified to perform the essential functions of his excavator...more

Job Descriptions And Performance Reviews – Do They Help Or Hurt Defend Against A Claim Under The American With Disabilities Act?

When an employee files a claim under the American with Disabilities Act ("ADA"), two of the key issues for determination are whether the employee is "qualified" for the position and whether the employee can perform the...more

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