News & Analysis as of

Ninth Circuit Says Disability Plan Participant’s Claim Is Time-Barred

The Ninth Circuit in Gordon v. Deloitte & Touche, LLP Group Long Term Disability Plan, 2014 WL 1394962 (9th Cir. Apr. 11, 2014) affirmed summary judgment in favor of a long term disability plan on the ground that the...more

Making a Reasonable Accommodation: Walgreens and the $1.37 Question

A California federal court denied Walgreen Co.’s motion for summary judgment on April 11, 2014, in a disability discrimination case brought by the Equal Employment Opportunity Commission (EEOC v. Walgreen Co., 2014 U.S. Dist....more

OFCCPs New Veteran/Disability Regulations Are Now in Effect. Are You Ready?  [Video]

Two new groundbreaking regulations implementing Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans Readjustment Assistance Act went into effect on March 24. They require federal government contractors...more

Upper Chesapeake Health System to Pay $180,000 to Settle EEOC Disability Discrimination Lawsuit

Health Care System Unlawfully Fired Employee Because of Vision/Hearing Impairment and to Punish Her for Seeking Accommodation, Federal Agency Charged - BALTIMORE - Upper Chesapeake Health System, Inc., a leading health...more

Strad Oilfield Services to Pay $65,000 to Resolve EEOC Disability Discrimination Finding

Minot, ND Employer Fired Employee Because of Diabetes, Federal Agency Charged - MINNEAPOLIS - In a successful conciliation, Strad Oilfield Services, operating in Minot, N.D., will pay $65,000 in damages to resolve a...more

The Future is Here - Is the Internet a Place?

The California Supreme Court has certified a question for review posed by the Ninth Circuit – Is the internet a “place of public accommodation” as described in the California Disabled Persons Act (“DPA”), Civil Code §§ 54, et...more

Undocumented Worker Case Before California Supreme Court

The California Supreme Court has decided to hear a case that could impact the ability of undocumented workers to collect back wages or sue employers for discrimination in California, and may prove instructive in other courts...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 Baywood Home Care For Disability Discrimination

Mankato Home Health Care Provider Fired Employee Because of Her Fibromyalgia and Osteoarthritis, Federal Agency Charged - MINNEAPOLIS - A Minneapolis-area home health care provider violated federal civil rights law...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

EEOC Sues Maxim Healthcare Services For Disability Discrimination

Staffing Agency Refused to Hire Qualified Applicant Because He Is HIV Positive, Federal Agency Charges - PITTSBURGH - Maxim Healthcare Services, Inc. violated federal law when it refused to hire an HIV-positive...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

Paloma Blanca Health and Rehabilitation Sued by EEOC for Disability Discrimination

Man Denied Accommodation for Diabetes and Heart Conditions and Then Fired, Federal Agency Charges - ALBUQUERQUE, N.M. - The operators of a residential nursing home in Albuquerque violated federal law by denying...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

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

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

Baptist Health South Florida to Pay $215,000 to Settle EEOC Disability Discrimination Suit

Health Care Organization Refused to Provide Reasonable Accommodation to Doctor With Epilepsy, Federal Agency Charged - MIAMI - Baptist Health South Florida, Inc., one of the largest health care organizations in South...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

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 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

Sixth Circuit Issues Shocking Opinion Against ERISA Insurer, Dramatically Changes The ERISA Landscape

In what can only be described as a shocking opinion, the Sixth Circuit Court of Appeals issued a 2-1 decision affirming a lower court's award of $3.8 million dollars in disgorged profits to a former president of Arthur J....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

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