Disability Discrimination

News & Analysis as of

Employment Law - July 2014

Recess Is Over: Supreme Court Strikes NLRB Appointments - Why it matters: Striking a blow to the President and the National Labor Relations Board, the U.S. Supreme Court held that three recess appointments made by...more

Federal Appellate Court Finds Employer Provided Reasonable Accommodation To Disabled Employee, Even Though It Did Not Provide The...

A federal appellate court upheld the dismissal of a lawsuit alleging that a Dairy Queen franchisee failed to reasonably accommodate a blind employee under the Americans with Disabilities Act (ADA). In Bunn v. Khoury...more

Week in Review

We hope you had a happy 4th of July weekend! Last week’s news included more employees making headlines for their misuse of social media. The links below highlight three cases in which employees’ social media activity or...more

Bypass ADA Interactive Accommodation Process At Your Peril

Discrimination claims are expensive to defend. If they reach a jury, the results are often unpredictable. That’s one reason employers need to do everything within their power to preserve the option to file a motion for...more

Testing the boundaries of disability discrimination

Guy Lamb, a Partner in our Leeds office, comments: Two cases this month have raised questions as to how far the protection of disability discrimination law should extend....more

Princeton Healthcare Pays $1.35 Million to Settle Disability Discrimination Suit with EEOC

Hospital Fired Employees After 12 Weeks of Leave, Federal Agency Says - TRENTON, N.J. --- Princeton HealthCare System (PHCS), which operates an inpatient hospital and several outpatient medical facilities, will pay...more

Fort Worth Center of Rehabilitation to Pay $30,000 to Settle Disability Discrimination Lawsuit

Healthcare Facility Denied Applicant in Renal Failure Reasonable Accommodation for Her Disability, Federal Agency Charged - DALLAS - A Fort Worth-based health care facility will pay $50,000 and furnish other relief to...more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 45: What Is A Disability?

Ever since disability discrimination became illegal, the most pressing question has been how to define a disability. One of the first issues the courts faced was how to deal with disabilities that could be corrected with...more

Jamison Shaw Hairdressers Sued By EEOC for Disability Discrimination

Atlanta Hair Salon Unlawfully Fired Disabled Veteran, Federal Agency Charges - ATLANTA - Jamison Shaw Hairdressers, which operates a salon in the Buckhead section of Atlanta, violated federal law by subjecting a...more

Long Term Care Providers Take Note: The Top Five Employment Law Mistakes to Avoid

Americans love top ten lists. In that love-for-lists spirit, and in an effort to be informative, we list below the top five employment law mistakes that long term care employers need to avoid. 1. Implementing a...more

EEOC Sues Baldwin Supply of Minneapolis for Disability Discrimination

Company Refused to Allow Employee to Return After Heart Attack and Fired Him Instead, Federal Agency Charges - MINNEAPOLIS - A Minneapolis-based distributor violated federal civil rights law by not allowing an employee...more

Wait, Now I Can’t Fire My Employees For Stealing? California Federal Court Holds Application of Anti-Grazing Policy to Diabetic...

A California Federal court recently permitted a disability discrimination claim to proceed to a jury trial in a lawsuit alleging that Walgreens unlawfully terminated a diabetic employee for violating its “anti-grazing” policy...more

How Important is Attendance at Work?

The answer seems obvious. The employer must decide what hours of work are best for producing its products or serving its customers, and employees must maintain regular and reliable attendance during those hours. In fact,...more

Is Any Use of Medical Info Disparate Treatment?

If an employer administers a post-offer medical exam in accordance with the ADA and keeps the acquired medical information confidential in accordance with the ADA, may the employer then use the information without violating...more

7 Tips to Avoid ADA Violations in Pre-Employment Medical Exams

Even when an applicant’s disability appears directly related to job performance, employers may not reject the applicant based on that condition. Employers who do may be subject to significant fines and other legal...more

House of Raeford Farms to Pay $52,000 To Settle EEOC Disability Discrimination Suit -

Poultry Processor Fired Employee Because of Her Anemia, Federal Agency Charged - WILMINGTON, N.C. -- House of Raeford Farms, Inc., a poultry processor, will pay $52,000 and provide other relief to settle a disability...more

Websites Hit with Demand Letters on Accessibility Issues Despite Courts' Rejection of Claim

In recent weeks, numerous businesses have received letters asserting that their websites are not accessible to persons with disabilities, in violation of the Americans with Disabilities Act and California’s Unruh Act. These...more

Is Telecommuting Now a Reasonable Accommodation?

The laws prohibiting disability discrimination impose obligations on employers which go far beyond the mere avoidance of discrimination. In addition to refraining from discrimination, employers must also provide reasonable...more

Disability Network Sued by EEOC for Disability Discrimination

Detroit Nonprofit Whose Mission Is to Help Disabled People Refused to Accommodate and Fired Deaf Employee, Federal Agency Charges - DETROIT - A Detroit nonprofit formed to assist people with disabilities violated...more

Human Rights and Wrongs: Service Dogs and Accommodation

A federal judge in Florida has ruled that it is “wrong” and “absurd” for a Florida condominium association to initiate legal proceedings against a disabled resident after her service dog moved into her condo unit. ...more

Lifecare Medical Services to Pay $72,500 to Settle EEOC Disability Lawsuit

Employee With MS Denied Accommodation and Fired, Federal Agency Charged - CLEVELAND - Lifecare Medical Services, Inc., an Ohio medical transportation services company, will pay $72,500 and provide other relief in order...more

Settlement Agreements: Forgetting Costs May Cost You in California

DeSaulles v. Community Hospital of the Monterey Peninsula, No. H038184 (May 2, 2014): A California Court of Appeal recently considered the issue of whether one of the parties in a litigation can be considered to be...more

EEOC Sues Orion Energy for Disability Discrimination

Manitowoc Company Fired Employee Because He Needs a Wheelchair, Federal Agency Charges - MILWAUKEE - Manitowoc, Wis.-based Orion Energy Systems, Inc. violated federal law by firing an employee because of his...more

EEOC Disability Suit Against Cleaning Authority of Plainfield to Proceed

Court Rejects Bid to Dismiss Disability Harassment Claim - CHICAGO - A federal judge has denied a motion to dismiss a claim of disability harassment against Mont Brook, Inc., doing business as The Cleaning Authority of...more

Eighth Circuit: “Satisfactory to Us” Plan Language Sufficient to Entitle Plan Fiduciary to Deferential Review

The Eighth Circuit recently held that language in Prudential’s disability policy requiring proof of disability that is “satisfactory to Prudential” was sufficient to grant the plan discretionary authority and entitled the...more

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