Disability Discrimination, Disability

EEOC Signals Increased Focus on Employer-Sponsored Wellness Programs

by Martha J. Zackin | Mintz Levin - Employment, Labor & Benefits on 5/9/2013

A majority of US employers offer some sort of wellness program designed to reduce the cost of health insurance and healthcare costs, and to improve the health and well-being of employees. However, unless care is taken, even...more

Labor Bureau Releases Statistics Related To Employment Barriers For Persons With Disabilities

by Peggy Carter-Ward | XpertHR - Partnered with LexisNexis on 5/3/2013

In light of a recent Bureau of Labor Statistics (BLS) report, employers should review their internal policies regarding flexible work arrangements in order to recruit and retain qualified employees with disabilities. The BLS...more

Pennsylvania Court Denies Certification Of Disability Discrimination Claims

by Greg Mersol | BakerHostetler on 4/30/2013

In the vast majority of discrimination cases, there is little dispute over whether the plaintiff is actually in a protected group. For example, in sex discrimination cases, for the most part, they are either male or female;...more

Does Partial Deafness Constitute a Disability Under the ADAAA? The Question Remains Unanswered

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/29/2013

A federal court in Pennsylvania recently dismissed a lawsuit filed by a female newspaper page designer who claimed that she was laid off because of her gender and her deafness in one ear. Mengel v. Reading Eagle Company, No....more

EEOC Sues Wal-Mart for Sexual Harassment, Retaliation and Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 4/12/2013

Developmentally Disabled Walmart Employee in Akron Store Fired for Complaining About Sexual Touching, Federal Agency Charges - CLEVELAND - Wal-Mart Stores East, L.P. violated federal law by allowing a male employee...more

Reinstatement Of Employment Ordered – A Decade After Disability Leave Commenced

by Catherine P. Coulter | Dentons on 4/3/2013

In a March 2013 decision that is likely to be challenged in the courts, the Ontario Human Rights Tribunal has ordered the reinstatement of an employee a decade after she went on disability leave, together with loss of wages...more

Are You Considering Conditioning A Job Offer On An Agreement That The Applicant's Disabled Dependent Won't Enroll In The Health...

by Beth Alcalde | Akerman Senterfitt on 4/3/2013

Traditional employment laws often interact with traditional employee benefit laws. One such example is the Americans with Disabilities Act (ADA)'s impact on employer-sponsored group health plans. As group health plan costs...more

Calling a Co-Worker “Stupid” Not Enough to Prove “Disability”, Court Says

by Daniel A. Schwartz | Pullman & Comley, LLC on 4/3/2013

With the changes to the ADA laws a few years back broadening the definition of a “disability”, there was some speculation (including on this blog) that we would not see very many instances where a court would throw out an ADA...more

Phoenix Now Prohibits Employers from Discriminating on the Basis of Sexual Orientation, Gender Identity or Expression, and...

by Kathryn Hackett King, Jennifer R. Phillips, Joshua Woodard | Snell & Wilmer L.L.P. on 3/16/2013

After more than five hours of heated debate and public discourse, the Phoenix City Council amended the Phoenix City Code on February 26, 2013 to ban discrimination in employment on the basis of “sexual orientation,” “gender...more

Employers Beware: Anything Short of a Robust Attempt to Engage in Interactive Process Might Preclude Summary Judgment

by Charlotte Wolfe | Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/28/2013

Several recent cases in the Sixth Circuit Court of Appeals remind employers that their obligation to engage in the interactive process is an increasingly onerous one. First, in Keith v. County of Oakland, No. 11-2276 (6th...more

REDC Default Solutions to Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

by U.S. Equal Employment Opportunity Commission... on 2/22/2013

Company Fired Texas Woman Over Post-Stroke Condition, Federal Agency Charged - DALLAS - An Irvine, Calif.-based company will pay $50,000 and furnish other relief to settle a disability discrimination lawsuit brought by...more

Judgment Against AutoZone Affirmed in EEOC Disability Discrimination Case

by U.S. Equal Employment Opportunity Commission... on 2/21/2013

Appeals Court Upholds Injunction and $415,000 Award to Disabled Former Employee - CHICAGO - The U.S. Court of Appeals for the Seventh Circuit has affirmed a $424,000 judgment (including $9,000 in costs) against AutoZone,...more

University of Maryland Faculty Physicians, Inc. Will Pay $92,500 to Settle EEOC Disability Lawsuit

by U.S. Equal Employment Opportunity Commission... on 2/21/2013

Medical Practice Fired Employee Because of Her Crohn's Disease, Federal Agency Charged - BALTIMORE - University of Maryland Faculty Physicians, Inc. will pay $92,500 and furnish other relief to settle a disability...more

Employer Beware - Automatic termination policies are illegal. Just ask Sears.

by Michael Gamboli, Kimberly McCarthy, Alicia Samolis | Partridge Snow & Hahn LLP on 2/13/2013

Qualified employees with a disability are entitled to a reasonable accommodation from their employer to enable them to perform the essential functions of their job. One of the most difficult issues employers face is...more

California Adopts New Disability Discrimination Regulations

by Diane L. Kimberlin | Littler on 2/13/2013

Regulations proposed by California's Fair Employment and Housing Commission governing disability discrimination have been finalized after public comment and are now in effect. According to the Statement of Purpose, the...more

EEOC Sues Florida Construction Security Services for Disability Discrimination and Retaliation

by U.S. Equal Employment Opportunity Commission... on 2/8/2013

Company Fired Employee for Not Wearing Prosthetic Arm, Federal Agency Charged - MIAMI - A Florida full-service asset protection security firm violated federal law by firing an employee because of his disability, a...more

Third Parties Don't Absolve Employers From ADA Obligations

by Melissa A. Silver | XpertHR - Partnered with LexisNexis on 2/8/2013

Employers in the 6th Circuit (Michigan, Ohio, Kentucky and Tennessee) should carefully consider the advice and opinions of third parties on whether an applicant can perform a job before withdrawing a conditional job offer, as...more

Labor Letter, February 2013: How To Weigh Obesity In Employment Decisions

by Jeff Weintraub | Fisher & Phillips LLP on 2/6/2013

Imagine you are the Hiring Manager for a distribution warehouse and have just begun interviewing applicants for a materials handler position. The first candidate enters the room, standing at a height of 5’4”, weighing more...more

Deaf Lifeguard Might Be Qualified To Notice Emergency Signs For Help

by Kyle P. Konwinski | Varnum LLP on 2/5/2013

Would you feel comfortable with your kids swimming in a pool with a deaf lifeguard on watch? Could a deaf lifeguard notice your distressed child's cry for help? While these questions pose some serious personal judgments...more

EEOC Provides Useful Guidance On Mandatory Flu Vaccinations And Reasonable Accommodations

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 2/4/2013

In the midst of the flu pandemic, many health care employers are requiring employees to receive flu vaccinations. However, a number of workers have protested, claiming that they are entitled to an accommodation based on...more

D.O.E. Technologies and doeLegal Will Pay $130,000 to Settle EEOC Disability Discrimination Lawsuit

by U.S. Equal Employment Opportunity Commission... on 2/4/2013

Hard-of-Hearing Employee Fired for Requesting Accommodations, Federal Agency Charged - WILMINGTON, Del. - D.O.E. Technologies, Inc. and a related company, doeLegal, LLC will pay $130,000 and furnish other relief to...more

Kintetsu International Express to Pay $77,500 to Settle EEOC Disability Harassment, Retaliation Suit

by U.S. Equal Employment Opportunity Commission... on 2/4/2013

Supervisor Constantly Degraded Tour Coordinator with Arthritis, Then Forced Her and Co-Worker Out for Reporting Harassment, Federal Agency Charged - HONOLULU, Hawaii - Kintetsu International Express (USA), Inc. - a...more

OCR Issues "Dear Colleague Letter" Addressing Equal Opportunities in Athletic Programs for Students With Disabilities

by Christine Pickel | Saul Ewing LLP on 1/29/2013

A "Dear Colleague Letter" just issued by the Department of Education Office of Civil Rights interpreting Section 504 of the Rehabilitation Act of 1973 clarifies that colleges and universities must provide disabled students...more

Expanding the Disability Rights Playing Field in California: New Regulations Broaden Protections for Disabled Employees

by Wilson Sonsini Goodrich & Rosati on 1/23/2013

In December, the Fair Employment and Housing Commission approved an overhaul of California's disability discrimination regulations as one of its last acts before being replaced by the Fair Employment and Housing Council on...more

Minnesota Approves Preferential Hiring of Veterans

by Dorraine Larison | Gray Plant Mooty on 1/23/2013

Here at The Modern Workplace, we have often cautioned employers to be very careful when hiring to avoid claims of discrimination. In particular, we have cautioned employers about using an employee’s class (such as gender,...more

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Disability Discrimination › Disability