News & Analysis as of

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

EEOC Sues Neenah Paper for Disability Discrimination

Company Required Employee to Take Meds at Job Site as a Condition of Employment, Federal Agency Charged - DETROIT - Neenah Paper, Inc., a manufacturer of various types of premium paper with a paper mill in Munsing,...more

EEOC takes aim at Target for discriminatory pre-employment tests

The EEOC recently announced its $2.8 million settlement with Target Corp. of discrimination claims arising out of the use of employment tests in the hiring process. Discriminatory pre-employment tests like the ones at issue...more

Target Corporation to Pay $2.8 Million to Resolve EEOC Discrimination Finding

Company's Former Use of Pre-Hire Employment Assessments Discriminated Based on Race and Sex and Violated the ADA, Federal Agency Found - MINNEAPOLIS - Target Corporation, which is headquartered in Minneapolis, has agreed...more

That is SO last week - August 2015 #4

We’ve been talking potential bias in big data for some time now, and last week’s news was full of concerns about just that. The New York Times Upshot Blog interviewed a Microsoft computer scientist on the subject; NBC News...more

Mississippi HomeCare of Picayune to Pay $100,000 to Settle EEOC Disability Discrimination Suit

Home Healthcare Provider Failed to Provide a Reasonable Accommodation and then Terminated Employee, Federal Agency Charged - BIRMINGHAM, Ala. - Mississippi HomeCare of Picayune, a major home healthcare provider in the...more

Brookdale Senior Living to Pay $112,500 to Settle EEOC Disability Discrimination Lawsuit

Company Refused to Provide Reasonable Accommodations and Fired Employee with Fibromyalgia, Federal Agency Charged - DENVER - Brookdale Senior Living Communities, Inc. of Denver will pay $112,500 and furnish other relief...more

Bedford Weaving Sued for Genetic Information and Disability Discrimination

Company Asked Illegal Questions on Its Application and Failed to Hire an Employee Because of Her Disability, EEOC Charged - RICHMOND, Va. - Bedford Weaving, Inc., a broad loom fabric weaving manufacturer, violated...more

Sims Recycling and All-Star Personnel to Pay $25,000 to Settle EEOC Disability Discrimination Suit

International Recycling Company and Staffing Agency Refused to Assign Employee With Hearing Loss, Federal Agency Charged - NASHVILLE, Tenn. - Sims Recycling Solutions, Inc., an international electronics recycling...more

Happy Birthday ADA and How We Can Celebrate

The Americans with Disabilities Act (ADA) is 25 years old this year. I was a newly minted lawyer when this law emerged in 1990 and as I have grown, so have the number of disability discrimination lawsuits. In celebration of...more

Does Your Institution Have a Disability Accommodation Policy? It Should.

The Americans with Disabilities Act Amendments Act (“ADA”) prohibits discrimination against individuals with disabilities. The ADA also requires an employer to make reasonable accommodations for the known disabilities of an...more

EEOC Scores Six Figure Settlement Against University Of Michigan; For Limited Reassignment To The Most Well-Qualified Candidate...

Earlier this year, the Department of Justice (DOJ), which enforces the Americans with Disabilities Act (ADA) alongside the Equal Employment Opportunity Commission (EEOC), sued the University of Michigan regarding the school’s...more

The Pines of Clarkston to Pay $42,500 to Settle EEOC Disability Discrimination Lawsuit

Care Center for the Elderly Discharged Administrator After Learning of Her Epilepsy, Federal Agency Charged - DETROIT - The Pines of Clarkston, Inc., part of a group of assisted living facilities in southeastern...more

Magnolia Health Sued by EEOC for Widespread Disability Discrimination

Class of Individuals Denied Jobs, Accommodations or Fired Due to Their Perceived or Actual Disabilities, Says Federal Agency - FRESNO - The U.S. Equal Employment Opportunity Commission (EEOC) today announced it filed a...more

DOL and EEOC Offer Insight into How They Will Approach FMLA and Reasonable Accommodation Enforcement

This week, I had the pleasure of presenting with Department of Labor and EEOC officials on key developments out of Washington with respect to leave management and accommodations.  Our presentation was part of the...more

Celadon Trucking Services, Inc. to Pay $200,000 to Settle Lawsuit

Celadon Unlawfully Subjected Applicants to Pre-Employment Medical Examinations - INDIANAPOLIS - Celadon Trucking Services, Inc., a trucking company headquartered in Indianapolis, Indiana, has agreed in a consent decree...more

Second Circuit Rejects Ledbetter Application to Job Bias Cases

In a recent case, the U.S. Court of Appeals for the Second Circuit (“Second Circuit”) narrowed the scope of extended time limits offered by the Lilly Ledbetter Pay Fairness Act of 2009 (the “Ledbetter Act”). By way of...more

Taprite Fassco to Pay $72,500 to Settle EEOC Sex, Disability and Retaliation Discrimination Suit

Company Demoted Employee Because of Arthritis and Carpal Tunnel Syndrome, Federal Agency Charged - SAN ANTONIO, Texas - Taprite Fassco Manufacturing, Inc., a San Antonio-based manufacturer of CO2 regulators in the soda...more

The Americans with Disabilities Act at 25 Years: A Look Back and What’s Ahead

This Sunday marked the 25th anniversary of the Americans with Disabilities Act (“ADA”), which was signed into law by President George H.W. Bush on July 26, 1990. The enactment of the ADA represented a bipartisan commitment to...more

Happy Birthday: The Americans with Disabilities Act Turns Twenty-Five

July 26, 2015 marked the twenty-fifth anniversary of The Americans with Disabilities Act (“ADA”), which created comprehensive federal protections for individuals with disabilities in all areas of public life, including the...more

EEOC Sues IDEX Corporation for Disability Discrimination

Company Terminated Regional Manager Because of His Disability, Federal Agency Charged - MIAMI - IDEX Corporation, a manufacturer and supplier of fluidics systems with locations nationwide, including multiple posts in...more

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