Disability Discrimination Americans with Disabilities Act

News & Analysis as of

“Weight Watchers”— Weight Discrimination in the Workplace

Seyfarth Synopsis: ‘Tis the season of food temptation: the average American gains at least five pounds between Thanksgiving and New Year’s Day. California employers need to beware of weight discrimination in the fluctuating...more

Georgia Power to Pay over $1.5 Million to Settle EEOC Disability Discrimination Suit

Company Refused to Hire Applicants and Fired Employees Based on their Disabilities, Federal Agency Charged - ATLANTA - Georgia Power Company, an electric utility company headquartered in Atlanta, will pay $1,586,500 to...more

Impaired Access: ADA Website Accessibility Lawsuits On the Rise

An increasing number of class action lawsuits have been filed over the past year against private companies by individuals alleging violations of the Americans with Disabilities Act (ADA) for failure to maintain websites that...more

Bentonville McDonald’s To Pay $103,000 To Settle EEOC Disability Discrimination Suit

Restaurant Fired Employee Because of His HIV Status, Federal Agency Charged - LITTLE ROCK, Ark. - A McDonald's restaurant owned and operated by Mathews Management Company and Peach Orchard, Inc. in Bentonville, Ark.,...more

Is Your Website ADA Compliant?

Recently, a number of businesses across the country have become targets of demand letters and lawsuits arising under the Americans with Disabilities Act (ADA). Many of these claims have focused on financial institutions....more

With the Election (Mercifully) Behind Us, What Will a Trump Administration Mean for Employers?

The 2016 Presidential election was arguably the most contentious, unpredictable, and politically polarizing race in this nation's history. The contours of the electoral map changed by the hour in the days leading up to...more

Defense Strategy: Interactive Process Can Be Used To Defeat ADA Claims

Most employers are well aware that the Americans with Disabilities Act (ADA) requires them to engage in an “interactive process” with employees or applicants who indicate they have a disability and may require some type of...more

Recent Disability Discrimination Cases Outline Employer Responsibilities

Two recent decisions regarding disability discrimination have outlined an employer’s responsibilities when dealing with a potential claim of disability and need for accommodation. These decisions offer reminders for...more

Safeway Will Rehire Store Clerk and Pay $27,000 to Settle EEOC Disability Discrimination Lawsuit

Grocery Store Fired Clerk Based on Disability, Federal Agency Said BALTIMORE - Safeway, Inc. will pay $27,000 in monetary damages and furnish significant equitable relief, including returning an employee to work, to...more

Sharp Healthcare To Pay $90,000 To Settle

Job Applicant Seeking a Surgical Technologist Position Was Perceived as Disabled and Denied Employment, Federal Agency Charged - SAN DIEGO - Sharp Healthcare, one of the largest private employers in San Diego County will...more

Federal Website Lawsuits Spike; Community Banks Get Demand Letters*

Seyfarth Synopsis: The number of federal lawsuits alleging inaccessible websites continues to increase, along with the number of law firms filing them. Businesses should seek advice now on how to manage risk in this chaotic...more

What’s an “Implied” Request for an ADA Reasonable Accommodation?

Seyfarth Synopsis: A divided panel of the Eighth Circuit recently decided that an employer may be required to assume or infer from the circumstances that an employee is seeking a reasonable accommodation – even when no...more

Do Employers Need to Accommodate if the Employee Does Not Ask?

Most employers are aware of their obligation to explore reasonable disability accommodations when an employee asks for such a measure. But, what if the employee never asks? A new decision out of the United States Court of...more

The City of Brotherly Love is Showing Love to Persons with Disabilities Under the ADA, but not to Lyft or Uber

From coast to coast, Uber and Lyft have come under increasing fire from disability rights organizations and have faced litigation because their ride share practices allegedly discriminate against persons with disabilities. ...more

Justice Department Settles Pregnancy and Disability Discrimination Lawsuit Against City of Florence, Kentucky

WASHINGTON - The Justice Department filed a proposed consent decree with the city of Florence, Kentucky, to resolve a pregnancy and disability discrimination lawsuit brought by the department under Title VII of the Civil...more

Sign of the Times: EEOC Settles Case of Employer Failing to Provide ASL Interpreter for Job Interview

A deaf person applies for a job and the employee who takes applications asks you “how can a deaf person do this job?” What if an essential function of the job requires interaction with the public or the ability to communicate...more

Telework Under The ADA & Other Nondiscrimination Laws

A workforce that adheres to a traditional work style, or a consistent eight-hour workday in the same location – with no offsite work or interaction with business colleagues or customers – is increasingly becoming a relic in...more

A Look Through The Crystal Ball: The EEOC’s Updated 2017-2021 Strategic Enforcement Plan

Seyfarth Synopsis: On October 17, 2016, the EEOC unveiled its updated Strategic Enforcement Plan (“SEP”) for Fiscal Years 2017-2021. It ought to be required reading for every employer and their executive teams. The New...more

To Accommodate or not to Accommodate: How to Know if Your Employee Actually Requested a Reasonable Accommodation

A divided federal appeals court recently reminded employers that an employee’s request for a reasonable accommodation under the Americans with Disabilities Act (“ADA”) need not be explicit in order to invoke the interactive...more

McDonald's to Pay $56,500 to Settle EEOC Disability Discrimination Suit

Belton, Mo., Eatery Refused to Interview Deaf Applicant, Federal Agency Charged - ST. LOUIS -- McDonald's Corporation and McDonald's Restaurants of Missouri will pay $56,500 and furnish other relief to settle a...more

Salvation Army Sued by EEOC for Disability Discrimination

Aid Organization Rejects Applicant Due to Intellectual Disability, Federal Agency Charges - ANCHORAGE, Alaska - Global charitable organization the Salvation Army violated federal law when it refused to hire a young man...more

Asleep at the Wheel: Trucking Company’s Sleep Apnea Policy and Procedures Reviewed by Federal Courts

Seyfarth Synopsis: Recently decided court case finds that motor vehicle carriers may lawfully require overweight drivers to submit to a medical examination testing for obstructive sleep apnea. We had previously blogged...more

Employers Better Sober Up: The EEOC Is Targeting Prescription Drug Testing Policies

While prescription drug use and abuse pose serious concerns for the health and safety of workplaces, two recent cases filed by the U.S. Equal Employment Opportunity Commission (EEOC) suggest that employers need to be very...more

Stinson Leonard Street's Emerging Trends Newsletter - Q3

We are thrilled to bring you the third installment of Stinson Leonard Street's Emerging Trends newsletter. We are proud of the depth and breadth of experience and knowledge across our firm's 13 offices nationwide and are...more

Eighth Circuit Upholds Trucking Company's Sleep Study Requirement Based on Driver BMI

On October 12, 2016, the U.S. Court of Appeals for the Eighth Circuit found in favor of a large transportation employer’s driver sleep study testing requirement in a lawsuit challenging the practice under the Americans with...more

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