News & Analysis as of

BNSF Railway Sued by EEOC for Disability Discrimination

Company Rescinds Offer Due to Applicant's Prior Back Injury, Federal Agency Charges - SEATTLE - Texas-based BNSF Railway Co. violated the Americans with Disabilities Act (ADA) by withdrawing a job offer to a...more

Brookdale Senior Living Communities Sued by EEOC for Disability Discrimination and Retaliation

Employer Refused to Accommodate and Fired Former Health & Wellness Director, Federal Agency Says - DENVER - Brookdale Senior Living Communities, Inc., a Delaware corporation based in Brentwood, Tenn., violated the...more

Baker Concrete Construction Sued by EEOC for Disability Discrimination

Federal Agency Charges Concrete Company Refused to Accommodate Payroll Manager, Then Fired Her Because of Disability - HOUSTON - Baker Concrete Construction, Inc. violated federal law by refusing to accommodate and...more

Dollar General Sued by EEOC for Disability Discrimination

Diabetic Employee Fired for 'Grazing' to Stave Off Hypoglycemic Episode, Federal Agency Charges - KNOXVILLE, Tenn. - A diabetic sales associate suffering from a hypoglycemic episode while on duty at a Maryville, Tenn.,...more

Apria Healthcare Sued by EEOC for Disability Discrimination

Company Fired Warehouse Clerk After Surgery for a Tumor, Federal Agency Charged - ALBUQUERQUE, N.M. - Apria Healthcare Group, Inc., an Albuquerque home respiratory services and medical equipment company, violated...more

GAF Materials Corporation Sued by EEOC for Disability Discrimination

Company Refused to Permit Disabled Worker to 'Bump' in a Layoff, Federal Agency Charges - ATLANTA - GAF Materials Corporation, a roofing materials manufacturer headquartered in Wayne, N.J., unlawfully terminated a...more

The EEOC has been a busy bee this week. (It stings!)

The Equal Employment Opportunity Commission has been on a tear recently, suing employers right and left, and getting some “wins” including a couple of big settlements . . ....more

EEOC Sues Rock-Tenn for Disability Discrimination

Human Resources Manager Fired Because of Coronary Artery Disease, EEOC Says - DETROIT - Rock-Tenn Company, a worldwide paper and packaging manufacturer, violated federal law by firing a human resources manager because...more

EEOC Sues McLeod Health for Disability Discrimination

Non-Profit Medical Institution Subjected Employee to Illegal Medical Examinations And Fired Her in Violation of Federal Law, Federal Agency Charges - FLORENCE, S.C. - McLeod Health, Inc., a South Carolina regional...more

Sunbridge Regency-North Carolina Pays $35,000 to Settle EEOC Disability Discrimination Lawsuit

Mount Olive Nursing Home Unlawfully Fired Disabled Employee, Agency Charged - RALEIGH, NC - SunBridge Regency-North Carolina, Inc., a North Carolina corporation that operates a nursing home in Mount Olive, N.C., will...more

EEOC Disability Case Against Sony to Proceed, Federal Judge Orders

Judge Also Refuses to Admit Evidence Sony Collected in Violation of HIPAA - CHICAGO - U.S. District Judge James B. Zagel of the Northern District of Illinois has issued an order denying a motion by Sony for a pre-trial...more

Medical review officers can help eliminate disability discrimination claim

Oklahoma consistently ranks at or near the top of all states when it comes to prescription drug abuse. The prescription rate for opioids (i.e., painkillers) in Oklahoma is among the highest in the nation, and the state also...more

Holly Manor Center Nursing Home Pays $75,000 to Settle EEOC Disability Discrimination Lawsuit

Nursing Home Rescinded Offer to Hire Qualified Applicant Because He Is Deaf, Federal Agency Charged - NEWARK, N.J. - A Mendham, N.J., nursing home will pay $75,000 and furnish significant equitable relief to resolve a...more

Popeye's Chicken Franchisee to Pay $25,000 to Settle EEOC Disability Discirmination Lawsuit

Longview Fast Food Restaurant Refused to Hire HIV-Positive Applicant Despite His Qualifications, Federal Agency Charged - TYLER, Texas - Famous Chicken of Shreveport, L.L.C. a Popeye's Chicken franchisee, has agreed to...more

Smurfit-Stone Container Corporation Pays $20,000 to Settle EEOC Disability Discrimination Lawsuit

Company Now Known as RockTenn CP, LLC Fired Employee Because of His Disability, Federal Agency Charged - FLORENCE, S.C. - RockTenn CP, LLC formerly known as Smurfit-Stone Container Corporation, will pay $20,000 and...more

Court Upholds Employer’s Inflexible Leave Policy

The U.S. Equal Employment Opportunity Commission (EEOC) has filed a number of lawsuits against companies with inflexible leave policies, claiming the policies are discriminatory under the Americans with Disabilities Act...more

Work A Full Eight Hours? That's Not In My Job Description!

According to the EEOC, healthcare employers are disproportionately represented in the ranks of those sued for violations of the Americans with Disabilities Act (ADA). Baptist Health South Florida, Inc. recently became one of...more

MPW Industrial Services Will Pay $37,500 to Settle EEOC Disability Discrimination Lawsuit

Company Fired Laborer Because of Back Impairment, Federal Agency Charged - PITTSBURGH -- MPW Industrial Services Inc., a provider of industrial cleaning, facility management and labor support services, will pay $37,500...more

EEOC Roundup: June 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

Must an Employer Modify its Leave of Absence Policy to Ensure Compliance with the ADA?

When is modification of a no-fault or inflexible leave of absence policy required as an accommodation under the Americans with Disabilities Act (ADA)? Although the Equal Employment Opportunity Commission (EEOC) has taken the...more

EEOC Sues Erie Strayer Company for Disability Discrimination

Erie Equipment Supplier Made Unlawful Medical Inquiries and Engaged in Retaliation, Federal Agency Charges - PITTSBURGH - The Erie Strayer Company, an Erie-Pa.-based construction equipment supplier, violated federal...more

EEOC Issues New Enforcement Guidance on Pregnancy Discrimination and Related Issues

On July 14, 2014, the Equal Employment Opportunity Commission ("EEOC"), by a 3-to-2 vote of commissioners, issued Enforcement Guidance on Pregnancy Discrimination and Related Issues (the "Guidance"), along with a question and...more

EEOC Issues Guidelines on Pregnancy Discrimination for First Time in 30 Years

The Equal Employment Opportunity Commission (EEOC) recently issued new enforcement guidance on pregnancy discrimination for the first time in 30 years. The new guidance clarifies the EEOC's understanding of the law, as well...more

Employment Law - July 2014 #2

High Court’s Fall Docket Includes Major Employment Issues - Why it matters: While the 2013-2014 U.S. Supreme Court term may be over, the justices have granted certiorari in two major employment cases slated for the...more

Employment Law: The Devil is in the Details

Employment law, perhaps more than other areas of law, is highly fact-specific. A small change in any of the facts will often alter the analysis and outcome of the case. In part, this is because employment relationships are...more

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