News & Analysis as of

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

Riviera Consulting Company to Pay $100,000 to Settle EEOC Disability Discrimination Suit

San Jose Management Consulting Company Fired Bookkeeper Due to Vision Impairment, Federal Agency Charged - SAN JOSE, Calif. - A San Jose-based business has agreed to pay $100,000 to a former employee fired because of...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

Direct Optical to Pay $53,000 to Settle Disability Discrimination Suit

Farmington Hills Optical Store Fired Employee Because of Request for Service Dog, Federal Agency Charged - DETROIT - Direct Optical, Inc., an optical store in Farmington Hills, Mich., will pay $53,000 and furnish other...more

EEOC Roundup: February 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

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

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

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

EEOC Sues Wal-Mart for Age and Disability Discrimination

Keller Store Manager Harassed and Then Fired Because of His Age; Also Denied a Reasonable Accommodation for His Diabetes, Federal Agency Charges - DALLAS - Wal-Mart Stores of Texas, LLC discriminated against a store...more

Nexsen Pruet Employment Law Update - March 10, 2014: Should Employers "Get Physicial"?

Many employers require that applicants pass a pre-employment medical exam to ensure they are physically capable of doing the job. Employers should be aware that pre-employment medical exams, while not categorically barred,...more

EEOC Settles Disability Discrimination Suit Against Osceola Community Hospital

Consent Decree Provides $75,000 to Experienced Child Care Worker Refused Hire Because of Her Cerebral Palsy, Federal Agency Says - CHICAGO - Osceola Community Hospital in Sibley, Iowa will pay $75,000 and furnish other...more

Rexnord Industries to Pay $25,000 in EEOC Disability Bias Suit

Company Fired Employee Because It Regarded Her as Disabled, Federal Agency Charged - MILWAUKEE - A federal magistrate judge in Milwaukee has entered a consent decree resolving a disability discrimination lawsuit...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

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

EEOC Sues Nick's Restaurant for Disability Discrimination, Sexual Harassment, Retaliation

Restaurant/Sports Bar Revoked a Reasonable Accommodation for a Disabled Server and Fired Her After She Complained, Federal Agency Charges - HOUSTON - PNS Investments, Inc. operating as Nick's Restaurant and Sports Bar,...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

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

EEOC Increased Focus on ADA Enforcement in 2013

Last year was a busy one for the U.S. Equal Employment Opportunity Commission (EEOC), according to a report by the law firm Seyfarth Shaw LLP. During the fiscal year ending September 30, 2013, the EEOC sharpened its focus on...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

Employment Law Litigation Trends: How Your Nonprofit Can Avoid Common Family and Medical Leave Lawsuits

In this presentation: - Litigation Trends Under Family-Oriented Employment Laws - Tips for Minimizing the Risk of Litigation - Questions - Excerpt from Tips for Minimizing the Risk of...more

Silvercrest Center for Nursing and Rehabilitation Settles EEOC Disability Suit

Rehab Center Fired Nurse Assistant With Back Injury Rather Than Allow Leave, Federal Agency Charged - NEW YORK - The Silvercrest Center for Nursing and Rehabilitation will pay $25,000 as part of the settlement of a...more

Henderson Nursing / Rehab Center to Pay $50,000 to Settle EEOC Disability Discrimination Suit

Employee Denied Accommodation and Fired Because of Breast Cancer, Federal Agency Charged - CHARLOTTE, N.C. -- Britthaven, Inc. and its successor, Principle Long Term Care, Inc., operators of a nursing and...more

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