News & Analysis as of

Highly Anticipated Proposed EEOC Guidance May Force Design Changes on Existing Wellness Programs

On Monday, the Equal Employment Opportunity Commission ("EEOC") published much anticipated proposed regulations amending Americans with Disabilities Act ("ADA") regulations on employer wellness programs. Specifically, the...more

Helmerich & Payne to Pay $59,000 to Settle EEOC Disability Discrimination Suit

Company Made Illegal Medical Inquiries and Violated Confidentiality Requirements, Federal Agency Charged - TULSA, Okla. - Helmerich & Payne, Inc. (H&P), a Tulsa-based drilling contractor, will pay a former employee...more

EEOC Sues McLane Foodservice for Disability Discrimination

Food Supplier Refused to Hire Applicant on the Basis of Disability, Federal Agency Charges - MEMPHIS, Tenn. - McLane Foodservice, Inc., which supplies foodservice deliveries to fast-food chain restaurants, violated...more

Howard University Will Pay $35,000 to Settle EEOC Disability Discrimination Lawsuit

University Refused to Hire Qualified Applicant for Security Officer Position Because of His Diabetes, Federal Agency Charged - WASHINGTON - Howard University, a historically black university in the District of...more

EEOC Issues Long-Awaited Wellness Program Rules

Late last week, the EEOC released the proposed rules on wellness programs for employers. These long-awaited proposed rules will likely be adopted in full by this summer, after the public has 60 days to submit comments....more

EEOC Issues Proposed Wellness Program Amendments to ADA Regulations

On April 16, 2015, the Equal Employment Opportunity Commission (“EEOC”) released its highly anticipated proposed regulations (to be published in the Federal Register on April 20, 2015, for notice and comment) setting forth...more

6th Circuit: Telecommuting Not a Reasonable Accommodation

On Friday, the United States Court of Appeals for the Sixth Circuit issued its decision in EEOC v. Ford Motor Company, No. 12-2484, 2015 WL 1600305 (6th Cir. Apr. 10, 2015), an ADA case involving telecommuting as a reasonable...more

Recent $50,000 Settlement Serves as Reminder that Employers Do Not Always Know What’s Best for their Employees

Question: Your employee has a heart attack and wants to return to work sooner than you think he should. There’s nothing wrong with giving the employee additional time off or terminating the employee if you think the job will...more

Baldwin Supply Company to Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

Company Fired Man After His Heart Attack, Federal Agency Charged - MINNEAPOLIS - A Minneapolis-based distributor will pay $50,000 under a consent decree which resolves a disability discrimination lawsuit filed by the...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

EEOC Takes First Step Toward Issuing Rules on Employer-Sponsored Wellness Plans

On March 20, 2015, the Equal Employment Opportunity Commission (“EEOC”) announced its submission of a notice of proposed rulemaking (“NPRM”) on employer-sponsored wellness plans to the White House Office of Management and...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

Lie Rejecter: Employer's Fraud Defense to Disabled Employee's Claim Fails

It's no secret that in formulating their defense to employment claims, employers often seek to discredit employees' allegations through the employees' own contradictory statements or positions taken. This issue arises most...more

Non-Profit to Pay $309k for ADA Claim

One would assume that a non-profit organization that provides behavioral, rehabilitative and social support services would be adept at complying with the Americans with Disabilities Act (ADA). But, this does not seem to be...more

Save Edge to Pay $30,000 to Settle EEOC Disability Discrimination Suit

Xenia File Sharpening Company Denied Applicant a Job Because It Regarded Him as Disabled, Federal Agency Charged - INDIANAPOLIS, Ind. - Save Edge, Inc., a Xenia, Ohio-based industrial file sharpening company, will pay...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

Jamison Shaw to Pay $27,500 to Settle EEOC Lawsuit

Federal Agency Charged Employee Was Fired in Retaliation for Complaining About Employer's Refusal to Provide Reasonable Accommodation for Scoliosis - ATLANTA - Jamison Shaw, Inc., a hair salon based in Atlanta, will...more

InterConnect - Winter/Spring 2015

In this Issue: - Between a Rock and a Hard Place: Employers Must Walk a Narrow Path to Comply with DOT and EEOC Directives - New FDA Guidance for 3PLs on License Reporting Under the DSCSA - Moving Ahead in...more

Are We Being Punked? EEOC Files Disability Discrimination Claim Against Disability Services Provider

The EEOC has filed a lawsuit (EEOC v. ValleyLife, Civil Action No. 2:15-cv-00340-GMS) under the Americans with Disabilities Act (ADA) against ValleyLife, a disability support services company in Arizona, claiming that...more

EEOC Sues S&B Industry for Disability Discrimination

Fort Worth Cellphone Repair Facility Refused to Hire Two Hearing-Impaired Applicants Because of Their Disability, Federal Agency Charges - DALLAS - S&B Industry, Inc., a Fort Worth cellphone repair facility, violated...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

Wal-Mart to Pay $150,000 to Settle EEOC Age and Disability Discrimination Suit

Keller Store Manager Was Harassed and Fired Because of His Age and Denied Accommodation for His Diabetes, Federal Agency Charged - DALLAS - Wal-Mart Stores of Texas, L.L.C. (Wal-Mart) has agreed to pay $150,000 and...more

EEOC Sues Sims Recycling and All-Star Personnel for Disability Discrimination

International Recycling Company and Staffing Agency Refused to Assign Employee With Hearing Loss, Federal Agency Charges - NASHVILLE, Tenn. - An international electronics recycling company and a local staffing agency...more

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