Disability Discrimination Hiring & Firing

News & Analysis as of

Hoeganaes Corporation Settles EEOC Disability Discrimination Lawsuit

Steel and Iron Powder Company Denied Applicant a Job Because It Regarded Him as Disabled, Federal Agency Charged - NASHVILLE, Tenn. - Hoeganaes Corporation will pay $47,500 and furnish other significant equitable relief...more

Employment Law Navigator – Week in Review: November 10, 2015

Last week, a jury awarded sports journalist, T.J. Simers a $7.1 million verdict in his age and disability discrimination suit against the Los Angeles Times. Mr. Simers alleged that he was subjected to discrimination...more

Jury Sides with FedEx in ADA Failure to Accommodate Case

For those of you who think the Americans with Disabilities Act (ADA) means you have to do whatever a disabled employee wants, I bring good news from of all sources, a jury in California. This case had it all—an employee...more

EEOC Sues Randstad for Disability Discrimination

Temporary Agency Refused to Hire Laborer Because She Was a Recovering Drug Addict in Medically Supervised Treatment Program, Federal Agency Charges - BALTIMORE - Baltimore-based temporary labor agency Randstad, US, LP,...more

Employers Need to Consider Accommodation Requests Made at Any Time During a Disabled Employee’s Employment

Can an employer simply ignore a request by a disabled employee for an accommodation made in a meeting that could lead to the employee’s termination? A recent federal case from Wisconsin says no. In the case, the former...more

New York State Adds Protected Classifications and Remedies for Workplace Discrimination

The new laws are designed to protect equality for female employees in New York State; Governor also proposes regulations that would extend protections to transgender employees. On October 21, New York Governor Andrew...more

After He Allegedly Showed Up Drunk to Practice, Should Former USC Football Coach Steve Sarkisian Have Been Placed on FMLA Leave...

A question was posed to me on Twitter this past week: Shouldn’t former University of Southern California (USC) football coach Steve Sarkisian have been placed on FMLA leave to get treatment for apparent alcoholism instead of...more

When is an Employee’s Disability a Factor in his Dismissal?

On June 30, 2015, the Court of Appeal of Alberta released its decision in Stewart v Elk Valley Coal Corporation, 2015 ABCA 225 (“Stewart”) and clarifying what constitutes discrimination. In Stewart, the employer...more

Alcoholism and how USC may have violated ADA by firing Steve Sarkisian

On October 12, 2015, Steve Sarkisian was fired as head coach of the University of Southern California (USC) football team. While USC contends Sarkisian was fired for “cause,” there is no question that his alcohol-related...more

A Legislative El Niño for California?: New 2016 Employment Laws for the State’s Private Sector Employers

Experts are predicting a 95% chance of heavier-than-usual seasonal rainfall this year in Southern California based on the phenomenon known as “El Niño.”  Did the California Legislature and its Governor produce a comparable...more

Recent EEOC Settlements A Reminder That Employers Face Substantial Liability If Pre-Employment Exams Are Not Job-Related

The U.S. Equal Employment Opportunity Commission (EEOC) has been very aggressive in challenging pre-employment exams. Employers utilize an array of pre-employment exams to assess an employee/applicant’s physical fitness,...more

EEOC Sues Cessna for Disability Discrimination

Aircraft Manufacturer Rescinded Job Offers Using Workers Compensation Guidelines Without Regard for the ADA, Federal Agency Charges - MILWAUKEE - Aircraft manufacturer Cessna Aircraft Company violated federal law by...more

Changes to Pay Structure in Lieu of Requested Accommodations May Violate ADA and FMLA

Employers that receive requests for accommodation made by a disabled employee must remain careful about making significant changes to that employee’s terms and conditions of employment prior to concluding review and...more

State Employment Laws That Every Virginia Employer Should Know

Keeping track of the latest changes to federal employment laws, such as the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and the Fair Labor Standards Act (FLSA), to name just a few, is hard...more

Dialysis Clinic To Pay $190,000 To Settle EEOC Disability Discrimination Suit

Clinic Fired Nurse Due to Clinic's Medical Leave Policy, Federal Agency Charges - SACRAMENTO, Calif. - Nationwide healthcare provider Dialysis Clinic, Inc. has agreed to pay $190,000 to a former employee with breast...more

Employee properly fired for workplace violence threats, despite his mental disability: Appeal Court

An employee’s mental disability, unknown to his employer at the time of dismissal, played no role in the reason he was fired.  He was fired because he made violent threats against coworkers, the Ontario Court of Appeal has...more

That is SO last week - September 2015

Labor Day was the backdrop for a big announcement from President Obama. Beginning in 2017, federal contractors must grant paid sick leave to employees. The new Executive Order requires contractors to provide one hour of...more

New Jersey Appellate Division Rules that Nurse’s Termination Based On Her Physical Limitations Could Violate The NJLAD

On August 28, 2015, the Superior Court of New Jersey, Appellate Division in Grande v. Saint Clare’s Health System, reversed the decision of the trial court granting summary judgment to the defendant finding that plaintiff’s...more

Addressing and Preventing Workplace Violence

The subject of workplace violence has unfortunately made headlines once again after a news anchor and cameraman were killed by a former co-worker in Virginia last week. Employers are understandably concerned and have...more

Employer Is Liable under the WLAD for Refusing to Hire a Truck Driver for Taking a Prescribed Narcotic

Just when is an employer required to hire those taking prescription pain medications? In Clipse v. Commercial Driver Services, Inc., the Washington Court of Appeals held that Commercial Driver Services, Inc. was liable under...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

Death Threats Lead To Employer's ADA Victory

It is rare that the most employee-friendly of all federal appellate courts cites “common sense” in support of one of its decisions. The 9th Circuit Court of Appeals recently did just that, however, dismissing a disability...more

Tennessee Supreme Court Throws Out Applicant's Workers' Compensation Retaliation Claim Against Prospective Employer

On August 21, 2015, the Tennessee Supreme Court held that a job applicant does not have a cause of action under the Tennessee Workers' Compensation Act (TWCA) against a prospective employer for failure to hire based on the...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

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