News & Analysis as of

Recent EEOC Settlements A Reminder That Employers Face Substantial Liability If Pre-Employment Exams Are Not Job-Related

The U.S. Equal Employment Opportunity Commission (EEOC) has been very aggressive in challenging pre-employment exams. Employers utilize an array of pre-employment exams to assess an employee/applicant’s physical fitness,...more

EEOC Sues Physicians’ Specialty Hospital for Disability Discrimination

Hospital Refused to Accommodate Nurse With Seizure Disorder, Federal Agency Charges - LITTLE ROCK, Ark. - A physician-owned hospital in Fayetteville, Ark., violated federal law by failing to accommodate a nurse with a...more

Emory University Hospital Sued By EEOC for Disability Discrimination

Hospital Failed to Provide a Reasonable Accommodation to an Employee After Emergency Surgery, Federal Agency Charges - ATLANTA - Emory University Hospital, which operates in midtown Atlanta, violated federal law by...more

EEOC Sues Safeway, Inc. For Disability Discrimination

Grocery Store, Refused to Grant Reasonable Accommodation, Fired Clerk, Federal Agency Charges - BALTIMORE -Safeway, Inc., a leading grocery store chain, violated federal law when it refused to accommodate a clerk and...more

Groundhog Day In September – Another Repeat Of The EEOC Fiscal Year-End Lawsuit Filing Frenzy

As the clock ticked down on the EEOC’s fiscal year (which ended on September 30), we are struck once again by the eerily consistent trend in the agency’s federal court filing trends. Employers around the country are seemingly...more

Subway franchise sued by EEOC for disability discrimination

Sheridan, IN. Employee Fired After Disclosing His HIV Status, Federal Agency Charges - INDIANAPOLIS - KAY QSRS, Inc. d/b/a Subway, violated federal law by firing an employee after the employee disclosed his disability to...more

EEOC Sues Piercing Pagoda for Disability Discrimination

Major Jewelry RetailerFired Disabled Manager Rather Than Let Her Sit Intermittently, Federal Agency Charges - GREENVILLE, N.C. - Zale Delaware, Inc. dba Piercing Pagoda, a major jewelry retailer based in Irving, Texas,...more

E-MDS, Inc. Sued by EEOC for Pregnancy and Disability Discrimination

Company Failed to Provide Disabled Pregnant Employee With Accommodation and Subsequently Fired Her While on Maternity Leave, Federal Agency Charged - AUSTIN, Texas - E-MDS, Inc., an Austin-based business which provides...more

State Employment Laws That Every Virginia Employer Should Know

Keeping track of the latest changes to federal employment laws, such as the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and the Fair Labor Standards Act (FLSA), to name just a few, is hard...more

EEOC Sues Windstream for Disability Discrimination

Company Failed to Accommodate Diabetic Employee, Federal Agency Charges - LITTLE ROCK, Ark. - Major network communications giant Windstream Communications violated federal law by failing to accommodate a diabetic...more

Wearable Technology: Rewards and Risks

Wearables will soon be everywhere. They’ll be on our wrists, around our waists, arms, and fingers, in our shoes, and embedded in our uniforms. Wearable technology promises great things for employers, but like all technology...more

EEOC Sues Muskegon Family Care for Disability Discrimination

Medical Provider Fired Employee with a Disability, Federal Agency Charges - DETROIT - Muskegon Family Care, a medical services provider located in Muskegon, Heights, MI, violated federal law by firing an employee due to...more

Tucson-Area Trucking Company CTI to Pay $300,000 to Settle EEOC Disability Discrimination Lawsuit

Company Failed to Provide a Reasonable Accommodation to Class of Individuals with Disabilities Federal Agency Charged - PHOENIX - CTI, Inc., a Tucson-area regional trucking company, will pay $300,000 and furnish other...more

Sensient Sued By EEOC for Disability Discrimination

Dried Food Producer Unlawfully Discharged Workers After Denying Extended Leave of Absence for Disability-Related Needs, Federal Agency Charged - FRESNO, Calif. - Sensient Natural Ingredients LLC, a producer of dried...more

Henry's Turkey Service, Herederos Deben Entregar Casi $600,000 Debido a Trabajadores con Discapacidades

EEOC y Fiscal de los EE.UU. Intervienen con Éxito en Acuerdo que Huberia Privado de Dinero a las Víctimas de Discriminación - DALLAS - El Jefe de Jueces de Distrito de los EE.UU. Jorge A. Solís dictó una resolución el 11...more

Employment Law - September 2015

From the California Legislature: New Employment Laws, Bills Set for Signature: Why it matters - The California Legislature has been busy with employment-related bills, passing measures to provide additional...more

Dialysis Clinic To Pay $190,000 To Settle EEOC Disability Discrimination Suit

Clinic Fired Nurse Due to Clinic's Medical Leave Policy, Federal Agency Charges - SACRAMENTO, Calif. - Nationwide healthcare provider Dialysis Clinic, Inc. has agreed to pay $190,000 to a former employee with breast...more

That is SO last week - September 2015

Labor Day was the backdrop for a big announcement from President Obama. Beginning in 2017, federal contractors must grant paid sick leave to employees. The new Executive Order requires contractors to provide one hour of...more

Eight Years Later: Three Big Changes in Employment Law

2007 seems like yesterday. And yet, eight years after I started this blog and over 1800 posts later (and a Hall of Fame entry), I’m pretty sure 2007 WASN’T yesterday. So for this year’s anniversary post, I thought I...more

Court Finds Against EEOC And Holds Charging Party Who Represented Herself As Being “Totally Disabled” Was Not Qualified To Perform...

In EEOC v. Vicksburg Healthcare LLC, et al., Case No. 13-CV-895 (S.D. Miss. Aug. 27, 2015), Judge Keith Starrett of the U.S. District Court for the Southern District of Mississippi recently rejected the EEOC’s lawsuit. He...more

Don't Make Too Much Of 9th Circ.'s Mayo V. PCC Ruling

The extent of an employer’s duty to provide reasonable accommodations to employees with mental impairments can be difficult to discern, especially where an adverse action is taken in connection with conduct that is caused by...more

Sharp Healthcare Sued by EEOC for Disability Discrimination

San Diego Surgical Center Denied Hire to Applicant Due to Perceived Disability - SAN DIEGO, Calif. - Sharp HealthCare, an operator of hospitals and medical facilities, violated federal law when it denied hire to a job...more

Employment Law Commentary - Volume 27, Issue 8, August 2015

The extent of an employer’s duty to provide reasonable accommodations to employees with mental impairments can be difficult to discern, especially in where an adverse action is taken in connection with conduct that is caused...more

That is SO last week - August 2015 #5

That infamous Ashley Madison data became searchable last week. Spouses, friends, and employers can now search the data to see if they know anyone who registered with the site. This development caused some to wonder if an...more

Downriver Community Services Fired Counselor Because of Disability, EEOC Charged in Suit

Employer Refused to Make Accommodation for Herniated Disc, Federal Agency Said - DETROIT - A New Haven, Mich.-based provider of community health services violated federal law by denying a reasonable accommodation to,...more

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