News & Analysis as of

EEOC Roundup: October 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

Care for parent leads to firing

Can an employer terminate an employee out of a belief that the employee is too distracted from his job duties due to caring for a relative with a disability? That was the issue in the recent case, Kourimihelakis v. Hartford...more

EEOC and Chicago-Area Marshmallow Maker Reach Accord in Disability Suit

Doumak Agrees to Modify Leave Policies at Manufacturing Facilities - CHICAGO - Doumak, Inc., a longtime Chicago-area marshmallow manufacturer, has agreed to change its leave policies to resolve a disability...more

Baywood Home Care to Pay $30,000 under Decree Ending EEOC Disability Discrimination Lawsuit

Home Health Care Provider Fired Employee With Fibromyalgia and Osteoarthritis Because of Walking Restrictions, Federal Agency Charged - MINNEAPOLIS - A Minneapolis-area home health care provider will pay $30,000 under...more

10 Tips for Communicating with People with Disabilities in the Workplace

October is National Disability Employment Awareness Month, sponsored by the U.S. Department of Labor’s Office of Disability Employment Policy. The purpose of this national campaign is to raise awareness about disability...more

Disability Access Litigation on the Rise

In an article published recently in The Wall Street Journal (“Disability Lawsuits Against Small Businesses Soar,” October 15, 2014), staff writer Angus Loten reported that accessibility lawsuits brought under the Americans...more

Wal-Mart Stores East Will Pay $72,500 to Settle EEOC Disability Discrimination Lawsuit

Retailer Refused to Reasonably Accommodate Applicant With End-Stage Renal Disease, Federal Agency Charged - BALTIMORE - Wal-Mart Stores East, L.P., will pay $72,500 and provide significant equitable relief to settle a...more

EEOC Sues Sushi at the Lake for Disability Discrimination

Cornelius Restaurant Unlawfully Refused to Hire Applicant Because of Amputated Arm, Federal Agency Charges - CHARLOTTE, N.C. - Greenhouse Enterprise, Inc., dba Sushi at the Lake, which operates a restaurant in...more

2d Cir Extends Williamson County Ripeness "Final Decision" Requirement To ADA Claims

Ah, Williamson County. We've ranted about it before, so we won't do so here (again). But takings mavens know that a property owner must meet two tests before she can raise a takings claim against a state or local government...more

Deciphering Accommodation Requests under the ADA Not Clear Cut

Employers often take appropriate measures to ensure compliance with the Americans with Disabilities Act (ADA). However, ADA compliance efforts may be useless in situations where an accommodation request or disability is not...more

Small Dog Creates Big Problem For Employer Under The ADA; Employee's ADA Claims May Proceed To Trial

A recent ADA case in the U.S. District Court of Hawaii serves as a reminder that employees do not have to use any specific language to request a reasonable accommodation and that employers should follow up with employees in...more

Suncup / Gregory Packaging Sued by EEOC for Disability Discrimination

Company Admits It Fired Employee Because of Physical Impairment, Federal Agency Charges - NEWNAN, Ga. - Gregory Packaging, Inc., a nationwide manufacturer and distributor of juice products to school districts and...more

EEOC Sues First Title & Escrowand Related Companies for Disability Discrimination

Settlement Services Companies Revoked Part-Time Schedule and Terminated Employee Who Needed Dialysis, Federal Agency Charges - BALTIMORE - Rockville, Md.-based First Title & Escrow, Inc. and its related companies that...more

An Employer Should Never Ask About Disability Or Religion. Except When It Should.

Everybody knows that an employer should never, ever, ever ask an applicant about religion or disability until after a conditional offer of employment has been made. And maybe not even then. Right?...more

Harrison Poultry Sued by EEOC for Disability Discrimination

Poultry Hatchery Fired Employee While on Approved Leave, Federal Agency Charged - ATLANTA - Harrison Poultry, Inc. a poultry hatchery located in Bethlehem, Ga., unlawfully terminated an employee with a disability who...more

Kroger Sued by EEOC for Violating ADA

Grocery Giant Fired Cashier at Howell Store Because of Back Impairment, Federal Agency Charges - DETROIT - The Kroger Company of Michigan violated federal law by failing to provide a reasonable accommodation to an...more

Papa John’s Discriminated Against Employee with Down Syndrome, EEOC Charges in Suit

Pizza Delivery Company Unlawfully Refused Job Coach for Worker With Intellectual Disability and Then Fired Him, Federal Agency Charges - PHOENIX - PJ Utah LLC, PJ Cheese, Inc., and PJ United, Inc., collectively doing...more

BNSF Railway Sued by EEOC for Disability Discrimination

Company Rescinds Offer Due to Applicant's Prior Back Injury, Federal Agency Charges - SEATTLE - Texas-based BNSF Railway Co. violated the Americans with Disabilities Act (ADA) by withdrawing a job offer to a...more

Brookdale Senior Living Communities Sued by EEOC for Disability Discrimination and Retaliation

Employer Refused to Accommodate and Fired Former Health & Wellness Director, Federal Agency Says - DENVER - Brookdale Senior Living Communities, Inc., a Delaware corporation based in Brentwood, Tenn., violated the...more

Baker Concrete Construction Sued by EEOC for Disability Discrimination

Federal Agency Charges Concrete Company Refused to Accommodate Payroll Manager, Then Fired Her Because of Disability - HOUSTON - Baker Concrete Construction, Inc. violated federal law by refusing to accommodate and...more

Apria Healthcare Sued by EEOC for Disability Discrimination

Company Fired Warehouse Clerk After Surgery for a Tumor, Federal Agency Charged - ALBUQUERQUE, N.M. - Apria Healthcare Group, Inc., an Albuquerque home respiratory services and medical equipment company, violated...more

DISABILITY DISCRIMINATION: Court rules interactive process should have been triggered by a couple of stray comments

I miss my dog … or how to require your employer to let you bring your dog to work. Don’t laugh. A recent federal court decision from Hawaii seriously considered this issue. John Assaturian, a long-time Hertz employee...more

GAF Materials Corporation Sued by EEOC for Disability Discrimination

Company Refused to Permit Disabled Worker to 'Bump' in a Layoff, Federal Agency Charges - ATLANTA - GAF Materials Corporation, a roofing materials manufacturer headquartered in Wayne, N.J., unlawfully terminated a...more

The EEOC has been a busy bee this week. (It stings!)

The Equal Employment Opportunity Commission has been on a tear recently, suing employers right and left, and getting some “wins” including a couple of big settlements . . ....more

EEOC Sues Rock-Tenn for Disability Discrimination

Human Resources Manager Fired Because of Coronary Artery Disease, EEOC Says - DETROIT - Rock-Tenn Company, a worldwide paper and packaging manufacturer, violated federal law by firing a human resources manager because...more

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