News & Analysis as of

Disability Discrimination Reasonable Accommodation

The Interactive Process Is a Two-Way Street: Ninth Circuit Finds Employee’s Inadequate Effort Doomed ADA Claim

“Once an employer becomes aware of the need for accommodation, that employer has a mandatory obligation under the ADA to engage in an interactive process with the employee to identify and implement appropriate reasonable...more

EEOC Sues Wynn Las Vegas for Disability Discrimination

Employee with Ovarian Cancer Denied Leave and Fired, Federal Agency Charged - LAS VEGAS - The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against the Wynn Las Vegas hotel/casino for violating...more

River Region Medical Center to Pay $100,000 To Settle EEOC Disability Discrimination Suit

Vicksburg Health Care Provider Fired 36-Year Employee Over Shoulder Surgery Recovery Issues, Federal Agency Charged - BIRMINGHAM, Ala. -- Vicksburg Healthcare, LLC, dba River Region Medical Center, which provides inpatient...more

California Employment Law Notes - September 2017

Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more

Not Giving Employees Something (Namely a Discrimination Complaint) To Talk About

by Shipman & Goodwin LLP on

There’s an old(?) Bonnie Raitt song that my parents used to listen to when I was in college called “Let’s Give Them Something to Talk About”. It’s about a crush, but the intro could be just as applicable to a new court...more

EEOC Sues Blood Bank of Hawaii For Disability Discrimination

Employees With Disabilities Fired for Needing Additional Leave, Federal Agency Charges - HONOLULU, Hawaii - Blood Bank of Hawaii violated federal law when it refused to provide reasonable accommodations for and then fired...more

Campus Companions: How To Handle Requests For Service And Assistance Animals

by Fisher Phillips on

School officials often receive requests from students with disabilities to bring “service animals” and “assistance animals” on campus as an accommodation. Under the Americans with Disabilities Act (ADA), Section 504 of the...more

Balancing Undue Hardship and Reasonable Accommodation with Employees Using Medical Marijuana Lights Up in Massachusetts Court

by LeClairRyan on

In a recent case, the Supreme Judicial Court of Massachusetts (the “SJC”) held that medical marijuana may constitute a “reasonable accommodation” for employees.  As a result, employers may not terminate employees for failing...more

Are maximum leave policies legal?

by Nexsen Pruet, PLLC on

An employer has agreed to pay $2 million to resolve a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), according to the EEOC and court records. ...more

Federal Court Again Says Telecommuting Not Acceptable Substitute for Being at Work

Employers continue to face disability discrimination claims from employees who argue that their medical conditions give them a right to work from home as a reasonable accommodation under the Americans with Disabilities Act...more

EEOC Sues Illinois Action for Children for Disability Discrimination

Employer Fired Employee with Cancer Instead of Granting Request for Medical Leave, Federal Agency Charges - CHICAGO - Illinois Action for Children fired an employee who was on leave receiving treatment for breast cancer...more

Summary Judgment Denied For Employer Who Circulated Letter About Employee’s Disability Discrimination Charge

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After an employer circulated a letter to 146 employees discussing an employee’s EEOC Charge that alleged discrimination on the basis of his disability in violation of the ADA, a federal district court in...more

DOJ Settles Disability Discrimination Fair Housing Act Case For $125,000

by Fox Rothschild LLP on

Last month, the U.S. Department of Justice (DOJ) resolved a Fair Housing Act (FHA) case against a New York based property management company in which the government asserted the defendants discriminated against a prospective...more

DOH! Nuclear Safety Regs Trump ADA Accommodation Request (Thankfully)

In a battle between a mentally ill employee seeking accommodation for his job at a nuclear plant and federal nuclear safety codes—-which wins out? The Third Circuit Court of Appeals ended up going with safety codes....more

Dogged by Dogs at Work: Barking Up the Wrong Tree?

by Akerman LLP - HR Defense on

Suppose you hire Kristin Chenoweth to be your new TV show host, and she shows up on the set with her dog Thunder, claiming she needs the dog for emotional support. Must you allow this distraction?...more

2 Essentials For Dealing With Employees Attempting To Game the System

by Fisher Phillips on

Today’s workplace is fraught with legal traps for well-intentioned but unwary managers. But one issue stands out far above the rest as perhaps the single biggest employee challenge in today’s workplace: malingering employees...more

EEOC Sues Dependable Health Services For Disability Discrimination

Health Care Staffing Agency Fired Phlebotomist With Sickle-Cell Anemia, Federal Agency Charges - BALTIMORE - Dependable Health Services, Inc., a health care staffing agency, violated federal law when it fired an employee...more

UPS Maximum Leave Policy Results In $2 Million Settlement With The EEOC

The EEOC announced this week that it has settled a lawsuit it has been litigating with United Parcel Service, Inc., since 2009. The EEOC alleged that UPS violated the Americans With Disabilities Act by enforcing an...more

Food and Beverage Law Update: August 2017

by Holland & Knight LLP on

Wage and Hour - Tenth Circuit Aligns with Cumbie on Tip Credits - In Marlow v. New Food Guy, Inc., No. 16-1134, 861 F. 3d 1157 (10th Cir. June 30, 2017), the court affirmed the district court's ruling, consistent with...more

Vague, open-ended medical leave denied

by McAfee & Taft on

The Americans with Disabilities Act requires employers to consider a leave of absence for an employee due to a medical condition as a form of accommodation. However, that requirement is not without limitations. A recent...more

Zero Tolerance Drug Testing Policies in the Age of Medical Marijuana

by Pepper Hamilton LLP on

Q:  My Company wants to institute a drug testing policy that would automatically disqualify an applicant for employment if they test positive for illegal drugs, including medically-prescribed marijuana. Is this legal?...more

Medical Marijuana on Campus: Barbuto's Impact on School Policies Banning Drug Use

by Holland & Knight LLP on

The Massachusetts Supreme Judicial Court recently ruled in Barbuto v. Advantage Sales and Marketing, LLC that an employee's use of medical marijuana to treat a qualified disability may be a reasonable accommodation under...more

Check Your Handbooks!!! UPS Settles Maximum Leave Policy Violations for $2 million.

by Ruder Ware on

The EEOC filed suit against UPS on behalf of approximately 90 current and former employees for multiple violations of the Americans with Disabilities Act (ADA). The agency charged UPS with failing to properly accommodate...more

EEOC Sues UPS Freight for Violating the Americans With Disabilities Act

Company Treats Disabled Drivers Worse Than Drivers With DWIs, Suit Charges - ST. LOUIS - UPS Freight violated federal law by treating a truck driver who was unable to drive because of a minor stroke worse than it treated...more

What Were They Smoking? Massachusetts Supreme Court Becomes First State Court to Find Employers Must Accommodate Use of Medical...

by Miles & Stockbridge P.C. on

As the number of states legalizing the use of marijuana for medical purposes has steadily grown, employers have been anxiously asking whether they are required to accommodate the use of medical marijuana if the use is related...more

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