Disability Discrimination Discrimination

News & Analysis as of

Staffing Company Reaches Agreement with EEOC over “Alarming” Allegations

After a four-year legal battle, a Chicago-area staffing company has reached an agreement with the Equal Employment Opportunity Commission (EEOC) over two separate discrimination suits, alleging multiple violations of the...more

Does Your Website or Mobile App Discriminate?

Are you confident that your business complies with federal anti-discrimination laws? If you offer goods or services to the public through the Internet, the answer may not be as simple as you think. Increasingly, lawsuits...more

EEOC Sues Plasma Biological Services for Disability Discrimination

Plasma Center Fired Employee Believed To Be HIV-Positive, Federal Agency Charges - MEMPHIS, Tenn. - Plasma Biological Services, LLC and Interstate Blood Bank, Inc. d/b/a Plasma Biological Services, which own and...more

Obesity, Mere Physical Characteristic or Disability Protected Under Law?

It is no secret that the U.S. has a weight problem. We all hear the news about how American waistlines continue to expand, the various theories behind what is causing the trend and endless advice to reverse it. The American...more

Today's Immigration Debate Impacts California Employment Law and Litigation

A year ago, the California Supreme Court limited damages in employment discrimination claims brought under the California Fair Employment and Housing Act (FEHA) when an employer discovers it employed an unauthorized worker....more

Bad News, Good News: Disability Discrimination Plaintiff Sometimes Need Not Show He Was Qualified, But May Never Recover Punitive...

In a decision to be officially released on May 19, 2015, the Connecticut Appellate Court has addressed two interesting issues in the state law of employment discrimination, one of which is of considerable importance (and...more

Federal Lawsuit Challenging Uber X’s Exclusion of Service Animals Shifts into Discovery

Recently, a Federal court in Northern California denied Uber Technologies, Inc.’s request to dismiss an access lawsuit. The plaintiffs, National Federation of the Blind of California (“NFBC”) and individual blind members with...more

Disabilities that pose a ‘direct threat’ in the workplace

The Americans with Disabilities Act (ADA) prohibits employment discrimination on the basis of disability. The ADA also requires employers to reasonably accommodate disabled individuals who are qualified for a position....more

Court Shoots Down ADA Discrimination Claim Premised on Employer's Alleged Embarrassment

It would never occur to most employers that "embarrassment" could serve as the grounds for a disability discrimination claim, but that's exactly what an employee attempted to argue in Lester v. City of Lafayette. In this...more

Supreme Court Vacates 4th Circuit in UPS Pregnancy Discrimination Case, But Rejects EEOC's "Most Favored Employee" Argument

Since the case was argued on December 3, 2014, practitioners and clients alike have been anxiously awaiting the Supreme Court's decision in Young v. United Parcel Service, Inc. That wait is over as the Supreme Court issued a...more

Failure to Comply with Terms of EEOC Consent Order Costs Employer $400,000 in Agency's Costs

Under federal civil rights laws, one major difference between suits brought by the Equal Employment Opportunity Commission and private parties involves liability for attorney’s fees. Losing employers must pay the prevailing...more

Suncup/Gregory Packaging to Pay $125,000 to Settle EEOC Disability Discrimination Lawsuit

Federal Agency Charged Company Fired Employee Because He Was HIV-Positive - NEWNAN, Ga. - Gregory Packaging, Inc., a nationwide manufacturer and distributor of juice products to school districts and medical institutions,...more

Settlement Reminds Employers Probationary Periods Are Not Immune to the ADA

Many employers reserve the right to terminate a new employee at any time during a "probationary period" if they find a new hire is not suited for the job. All too often, this gives employers a false sense of security in the...more

Job descriptions continue to be critical in defending against disability claims

The Tenth Circuit Court of Appeals recently affirmed summary judgment on behalf of the employer in a case where the employee claimed that the requirement to be a Department of Transportation-certified driver was not an...more

EEOC Roundup: January 2015

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

Supervisor Not "Qualified Individual" Under ADA after Failing DOT Medical Certification

Determining the essential functions of a job can be tricky, especially if there is no information or documentation with which to compare and consider. In this case, the U.S. Court of Appeals for the Tenth Circuit considered...more

ACLU Sues Fabric Co for Discriminating against Medical Marijuana Patient

Changes in state laws concerning the medical and/or recreational use of marijuana have spawned a string of employment discrimination lawsuits by medical marijuana patients....more

Employee who quit during interactive process cannot pursue ADA claim

A federal appeals court recently decided against an employee who failed to satisfy her obligation to cooperate in the interactive process with her employer when searching for a reasonable accommodation for her disability....more

Fifth Circuit Adopts Standard in Disability Cases That Will Make it Harder for Employers to Obtain Summary Judgment

In Equal Employment Opportunity Commission v. LHC Group Inc., the Fifth Circuit Court of Appeals evaluated a trial court’s grant of summary judgment to an employer on an employee’s disability discrimination claims. In...more

CA Supreme Court: New Duties for Businesses Regarding Having Defibrillators on-site; and Whether Anti-Discrimination Statutes Also...

California Rule of Court 8.548 permits the Ninth Circuit to certify questions of California state law to the California Supreme Court. On average, this happens a handful of times per year. Over the past five years, the...more

Sony to Pay $85,000 under Decree Resolving EEOC Disability Discrimination Suit

Electronics Giant Allegedly Engineered Firing of Employee Because of Her Prosthetic Leg - CHICAGO - Sony Electronics, Inc. will pay $85,000 under a consent decree entered in federal court today ending a lawsuit brought...more

EEOC Roundup: November 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

U.S. Supreme Court Agrees to Resolve Whether the FHA Provides for Disparate Impact Liability.

A major change to federal law governing mortgage lending may be on the horizon. On October 2, 2014, the United States Supreme Court agreed to decide whether the Fair Housing Act (“FHA”) not only imposes liability for...more

Overview of HUD’s 2013 Guidance on Assistance Animals as Reasonable Accommodations under the Federal Fair Housing Statutes, and...

The Fair Housing Amendments Act (FHAA) makes it unlawful to discriminate against disabled individuals in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of disability....more

Justrite Manufacturing Company to Pay $418,000

TO SETTLE EEOC CLASS INVESTIGATION EEOC Found Employer Discriminated and Retaliated Against Disabled Employees - CHICAGO - Justrite Manufacturing Company, a Mattoon, Ill.-based manufacturer of storage, handling and...more

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