Disability Discrimination Hiring & Firing

News & Analysis as of

EEOC Sues Walmart for Discriminating Against Employee with Intellectual Disability

Retail Giant Refused to Make a Simple Accommodation for a Longtime Employee, Federal Agency Charges - MILWAUKEE, Wis. - Walmart violated federal law when it failed to accommodate and fired a longtime employee because of...more

Third Circuit Expands Liability Under the ADEA for Disparate Impact Claims

The Third Circuit recently held that the Age Discrimination in Employment Act (ADEA) permits disparate impact claims by older "subgroups" of workers within the law's protected 40-and-over class. Under the court's ruling,...more

Diallo’s Of Houston to Pay $139,366 to Resolve EEOC Disability Discrimination Lawsuit

Nightclub Made Unlawful HIV Medical Inquiry, Then Fired Employee, Federal Agency Charged - HOUSTON - The U.S. Equal Employment Opportunity Commission (EEOC) announced today that Diallo's of Houston, a Houston-area...more

Stepping Out of the Shadows: Accommodating Mental Health Issues in the Workplace

2016 brought about a host of changes for employers, including new political leaders, ever-changing technology, and new and more open dialogue on a variety of different issues. Aside from politics, perhaps one of the biggest...more

A Particular Challenge: Managing Mental Disability in the Workplace

Understanding disability discrimination and reasonable accommodation is a challenge for employers, and particularly for the in-house counsel and HR professionals who must manage disability issues in the workplace. As you...more

National Origin Discrimination – A New Frontier?

Immigration law is said to be the next major debate in both state legislatures and Congress. While that debate will focus on the rights of immigrants to gain legal status in our country, employers can anticipate many new...more

EEOC Rule on Affirmative Action for Individuals With Disabilities in Federal Employment

Seyfarth Synopsis: These new regulations require federal agencies to be “model employers” of individuals with disabilities. As such, they now must take specific steps that are “reasonably designed” to gradually increase the...more

Kansas City Gives St. Louis A Run For The Money–Literally

St. Louis and Kansas City have long been cross-state baseball rivals. Who can forget the 1985 I-70 World Series? So it is hardly surprising that on the eve of St. Louis being named by the American Tort Reform Association...more

Employer Responsibilities re Mental Health Conditions

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 Issues Guidance on Mental Health Discrimination and Reasonable Accommodations

On December 12, 2016, the EEOC issued a resource document, titled “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights,” reminding employers of workplace rights for employees and applicants...more

Apply Here! (with Everyone Else): ADA Does Not Mandate Noncompetitive Reassignment

When you can’t reasonably accommodate a disabled employee in the current position, do you have to give the employee a vacant position or can you follow your usual, competitive process? In EEOC v. St. Joseph’s Hospital, Inc.,...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

Reassignment to a Vacant Position Under the ADA: Eleventh Circuit Concludes the Best Candidate Gets the Job - But What About...

Earlier this month, the United State's Court of Appeals for the Eleventh Circuit, in EEOC v. St. Joseph's Hospital, Inc., announced that the Americans with Disabilities Act does not, as a reasonable accommodation, require the...more

EEOC Sues Camp Corporation for Sex and Disability Discrimination

Federal Agency Says Worker was Twice Sued by Former Employer in Retaliation for Her Opposing Discrimination and Filing an EEOC Charge - HOUSTON - Carolina Creek Christian Camp, Inc. (CCCC), which operates a facility 90...more

EEOC Reminds Employers that Mental Health Conditions Are Covered by the ADA

On December 12, 2016, the EEOC issued a guidance document discussing workplace rights for individuals diagnosed with mental health conditions under the Americans With Disabilities Act. The EEOC noted that in 2016, the agency...more

Cheesecake Factory Sued by EEOC for Disability Discrimination

Restaurant Denied Deaf Employee Appropriate Training and Accommodation, Then Fired Him, Says Federal Agency - SEATTLE, Wash. - Restaurant giant The Cheesecake Factory, Inc., and its wholly owned subsidiary violated...more

Eleventh Circuit Holds the ADA Does Not Mandate Reassignment Without Competition or Preferential Treatment

In EEOC v. St. Joseph’s Hospital, the Eleventh Circuit recently held that the reasonable accommodation standard under the ADA “only requires an employer allow a disabled person to compete equally with the rest of the world...more

What Does Florida's New Medical Marijuana Law Mean for Employers?

As employers in Florida prepare for the new year, many may wonder how Florida’s new medical marijuana law will impact them. In the November 2016 election, Florida as well as Arkansas, North Dakota and Montana all approved...more

EEOC Issues Guidance on Mental Health Conditions in the Workplace

On December 12, 2016, the Equal Employment Opportunity Commission (EEOC) published a resource document titled, “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights,” which summarizes the...more

EEOC Issues Publication Informing Job Applicants and Employees with Mental Health Conditions of their Employment Rights

On December 12, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued a user-friendly resource document aimed at informing applicants and employees with mental health conditions about their workplace rights...more

EEOC Releases Guidance on Mental Health Discrimination

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

EEOC Issues Publication on the Rights of Job Applicants and Employees With Mental Health Conditions

User-Friendly Document Explains Workplace Protections Under the Americans with Disabilities Act - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today issued a resource document that explains...more

Stevens Transport Sued By EEOC For Disability Discrimination

Company Refused to Hire Air Force Veteran With Bipolar Disorder as Truck Driver, Federal Agency Charged - DALLAS - Stevens Transport, the largest refrigerated trucking company in Texas and one of the top four largest...more

Opposing Employer Actions Directed at General Public Not Protected Activity

Seyfarth Synopsis: An employee who expresses opposition to an employer’s policies and practices that affect members of the general public is not engaging in an activity that FEHA protects, because the activity is not opposing...more

“Weight Watchers”— Weight Discrimination in the Workplace

Seyfarth Synopsis: ‘Tis the season of food temptation: the average American gains at least five pounds between Thanksgiving and New Year’s Day. California employers need to beware of weight discrimination in the fluctuating...more

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