News & Analysis as of

Disability Discrimination Harassment

How to Launch an Employment Discrimination, Harassment, Diversity or Affirmative Action Initiative on a Global Scale

by Littler on

Equal employment opportunity initiatives—human resources policies, handbook and code of conduct provisions, compliance standards, training modules and dispute resolution procedures that address discrimination, harassment and...more

Fifth Circuit Holds Reporting to Work Regularly is Essential Function of Attorney’s Job Under the ADA

In a decision that will provide some solace to employers asked to permit remote work as a reasonable accommodation under the Americans with Disabilities Act, the United States Court of Appeals for the Fifth Circuit recently...more

Fifth Circuit Says Regular Attendance at Work is an Essential Function of Most Jobs

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a recent win for employers, the Fifth Circuit clarified that opened-ended or unlimited requests to work from home are unreasonable under the Americans with Disabilities Act (“ADA”) and may be rejected...more

Employment Law Navigator – Week in Review: May 2017 #4

by Zelle LLP on

Last week, a California Department of Transportation worker with severe allergies to scents and household chemicals won a $3.3 million jury verdict in a disability harassment lawsuit. The employee claimed that his...more

Sixth Circuit Extends "Cat’s Paw" Liability Theory to FMLA Retaliation Claims

by Littler on

Properly identifying the decisionmaker in an employment discrimination case is important because it is the intent of the decisionmaker that determines whether an adverse employment action was motivated by a discriminatory or...more

Employment Law Navigator – Week in Review: May 2017

by Zelle LLP on

Last week, we saw several developments in the area of race discrimination in employment, including a Second Circuit decision that has generated media coverage and commentary. The Second Circuit’s ruling reversed a lower court...more

When Is Harassment Not Harassment? Guidance From The EAT

by Dentons on

In the case of Baker v. Peninsula Business Service Limited [2017] UKEAT/0241/16, the EAT confirmed that an individual cannot succeed in a claim for disability harassment, unless they first prove that they have that protected...more

Employment News - March 2017 #1

by Hogan Lovells on

Missing the jackpot – High Court awards nominal damages for breach of confidentiality - Marathon Asset Management LLP v Seddon arose out of a team move from an investment management business (MAM). Prior to leaving...more

Employment Law Navigator – Week in Review: February 2017 #3

by Zelle LLP on

Over the weekend, a female Uber employee published a blog post that accuses the company of systemic sex discrimination and harassment. Uber quickly reacted, hiring former Attorney General Eric Holder to perform an “urgent...more

Employment Law Navigator – Week in Review: February 2017

by Zelle LLP on

The challenge of diversity in the technology sector continues to make headlines. Last week, Apple’s shareholders said they will challenge the company’s diversity initiatives at an upcoming shareholder meeting because the...more

Employer Responsibilities re Mental Health Conditions

by Lewitt Hackman on

The Equal Employment Opportunity Commission recently issued a “User-Friendly Document” explaining the rights of job applicants and employees with mental health conditions. In doing so, the EEOC has confirmed that individuals...more

EEOC Provides Guidance Outlining Protections for Applicants and Employees with Mental Health Conditions

On December 12, 2016, the United States Equal Employment Opportunity Commission (EEOC) issued an informal resource document which serves to remind employers of protections afforded to applicants and employees who suffer from...more

EEOC Releases Guidance on Mental Health Discrimination

by Ballard Spahr LLP on

The Equal Employment Opportunity Commission (EEOC) has issued guidance reminding employers that it is illegal under the Americans with Disabilities Act (ADA) and other laws to discriminate against an employee simply because...more

Wal-Mart to Pay $75,000 to Settle EEOC Disability Lawsuit

Giant Retailer Unlawfully Denied Accommodations to and Harassed Cancer Survivor at Illinois Store, Federal Agency Charged - CHICAGO - Wal-Mart Stores Inc. will pay a former employee $75,000 to settle a disability...more

Finally! Something That's Not "Protected Activity" in California

by FordHarrison on

It turns out that “protected activity” sufficient to make out a retaliation claim in California is not as broad as it may sometimes seem. On November 9, 2016, the Court of Appeal affirmed summary judgment for the employer in...more

Wearable Device Data: The Next Big Thing for Employment Litigation Cases

by Seyfarth Shaw LLP on

Wearable device data may be the next big thing in the world of evidence for employment cases since social media. Given that it has already been used in personal injury and criminal cases, it is only a matter of time before...more

Employment Law Navigator – Week in Review: August 2016

by Zelle LLP on

Contrary to the EEOC’s position that sexual orientation discrimination is protected by Title VII’s prohibition on gender discrimination, the Seventh Circuit Court of Appeals held last week that existing law does not support...more

Cha-Ching: The High Cost of Failing to Remedy Workplace Discrimination

by Bennett Jones LLP on

Last week, Gretchen Carlson, the Fox News anchor, sued Fox News chairman Roger Ailes, accusing him of harassment and sexism. Though Ailes denies the allegations, the trial will be closely followed, both because of the...more

Employment Law - June 2016 #2

California Considers Extending Fair Pay Act to Race, Ethnicity - Why it matters - Reflecting the nationwide trend of pay equity, a new bill under consideration by California legislators would extend the state's Fair...more

UK Tribunal Defines Some Limits on Employee Privacy Protections and Expands Anti-Discrimination Rights

Employee’s Privacy Rights - European courts continue to grapple with the limits on employee protections under Article 8 of the European Convention of Human Rights. Article 8 protects a person’s right to respect for...more

Amended California FEHA Regulations (Effective April 1, 2016)

by Morgan Lewis on

All employers with employees in California should carefully review harassment, discrimination, and retaliation policies and practices to ensure compliance with amended FEHA regulations. New Requirements for a Written...more

Promoting Workplace Diversity in Times of Trouble

The population in the United States – and by extension, the workforce – is becoming increasingly diverse. According to projections from the U.S. Census Bureau, by 2044, racial and ethnic minorities will be the majority in the...more

Something is Rotten at the Pork Roll Company … and it’s not the Pork Rolls: Flatulent Employee (and his Wife) Bring Claims for...

Is passing gas now protected by our anti-discrimination laws? Over the past several years, we have written extensively about the possibility of obesity discrimination lawsuits becoming the next wave of disability...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

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