Disability Discrimination Wrongful Termination

News & Analysis as of

California Federal Court Reminds Employers That They Must Carefully Navigate Disability Accommodation Process

The obligation to accommodate a disabled employee is an ongoing one; a doctor’s note may not be a prerequisite to engage in the interactive process – those are two important lessons that employers should take away from a...more

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

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

EEOC Sues McDonald’s Franchise for Disability Discrimination

Bentonville Restaurant Management Companies Fired Employee Because of His HIV Status, Agency Charges - LITTLE ROCK, Ark. - A McDonald's restaurant owned and operated by Mathews Management Company and Peach Orchard,...more

Employer Policy Failure Precludes Summary Judgment on Discrimination Claim

Seyfarth Synopsis: California Court of Appeal reverses a summary judgment for an employer that failed to follow its own policy regarding layoffs. Moore v. Regents of the University of California serves as a reminder to...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

Please, Take Your Time: NJ Supreme Court Voids Contracts That Limit Workers’ Time to Sue

On June 15, 2016, the New Jersey Supreme Court issued its long-awaited decision in Sergio Rodriguez v. Raymours Furniture Company, Inc., in which it addressed whether the two-year statute of limitations under the New Jersey...more

Liberty Chrysler Dealerships to Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

Saleswoman Unlawfully Fired Because of Her MS, Federal Agency Charges - RENO, Nev. - Three integrated Nevada-based car dealerships will pay $50,000 to an employee who was fired because of her multiple sclerosis and...more

The Final Word? The Ontario Court of Appeal upholds an astounding 10 years of back pay and employee reinstatement

Readers of this blog may recall reading in 2014 about the Ontario Divisional Court upholding the Ontario Human Rights Tribunal’s order for 10 years of back pay and employee reinstatement. The decision was reached in the case...more

California Employment Law Notes - May 2016

Employee Who Needed To Assist Disabled Son Could Proceed With "Associational Disability Discrimination" Claim - Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) - Luis...more

Connection to Someone With a Disability is Nearly Identical to an Actual Disability

As disability discrimination and accommodation claims continue to rise across the country, an appellate court in California may have just helped significantly expand such claims in the future by finding that an employee can...more

California Court Imposes Duty to Accommodate Non-Disabled Employees Associated With Disabled Persons

On April 4, 2016, a California Court of Appeal set new precedent in Castro-Ramirez v. Dependable Highway Express, opining that the California Fair Employment and Housing Act (FEHA) may require employers to reasonably...more

Reasonable Accommodation Protections Expanded to Non-Disabled Employees

Seyfarth Synopsis: California court creates new duty to accommodate employees who, although not themselves disabled, are associated with a disabled person. The Court of Appeal decision in Castro-Ramirez v. Dependable...more

California Court Requires Employers to Provide Reasonable Accommodations to Employees Who Are “Associated With” a Disabled Person

The California Court of Appeal, in its highly controversial opinion in Castro-Ramirez v. Dependable Highway Express, held that under the California Fair Employment and Housing Act (“FEHA”), an employer’s duty to provide...more

California Court of Appeal Finds that Employers are Required to Reasonably Accommodate Even Non-disabled Employees

On April 4, 2016, the California Court of Appeal issued an unprecedented ruling in Castro-Ramirez v. Dependable Highway Express that the California Fair Employment and Housing Act (FEHA) requires employers to reasonably...more

D.C. District Court Examines an Employer’s Burden to Prove a Failure to Mitigate Damages in an Employment Discrimination Action

As a general principle, an employee alleging employment discrimination has an affirmative obligation to mitigate his or her lost wages by making a good faith effort to secure alternative employment. The employer however,...more

Wrongful Termination & Disability Discrimination: Sarkisian Goes Head to Head With USC

After a much publicized struggle with alcoholism and public firing by the University of Southern California, former head coach for the football team, Steve Sarkisian, has filed a lawsuit against the...more

Extra Paperwork Triggers EEOC to File ADA Suit in South Carolina

The EEOC recently filed a disability discrimination suit in a South Carolina federal court (Equal Employment Opportunity Commission v. Correct Care Solutions, LLC). The complaint alleges that Correct Care Solutions, LLC,...more

EEOC Sues Correct Care Solutions for Disability Discrimination

Health Care Provider Fired Employee With Seizure Disorder Despite Doctor's Clearance, Federal Agency Charges - COLUMBIA, S.C. - Correct Care Solutions, LLC, a Kansas corporation that provides medical services to...more

EEOC Nationwide Disability Discrimination Case Against Autozone to Proceed

Court Rejects Auto Parts Retailer's Request to Second-Guess EEOC Investigation - CHICAGO - A federal district court has denied a request by auto parts retailer AutoZone to limit the scope of a nationwide disability...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

Connecticut Supreme Court Expands Protection for Would-Be Whistleblowers

Connecticut whistleblowers were handed a siren to sound the alarm on employers this week. In interpreting the state constitution in Trusz v. UBS Realty Investors, LLC, SC 19323 (Conn. Sup. Ct., official release Oct. 13,...more

EEOC Sues Physicians’ Specialty Hospital for Disability Discrimination

Hospital Refused to Accommodate Nurse With Seizure Disorder, Federal Agency Charges - LITTLE ROCK, Ark. - A physician-owned hospital in Fayetteville, Ark., violated federal law by failing to accommodate a nurse with a...more

Emory University Hospital Sued By EEOC for Disability Discrimination

Hospital Failed to Provide a Reasonable Accommodation to an Employee After Emergency Surgery, Federal Agency Charges - ATLANTA - Emory University Hospital, which operates in midtown Atlanta, violated federal law by...more

EEOC Sues Safeway, Inc. For Disability Discrimination

Grocery Store, Refused to Grant Reasonable Accommodation, Fired Clerk, Federal Agency Charges - BALTIMORE -Safeway, Inc., a leading grocery store chain, violated federal law when it refused to accommodate a clerk and...more

EEOC Sues Peoria Dealership Green Chevrolet for Disability Discrimination and Retaliation

Service Manager Was Subjected to Involuntary Transfer Due to Kidney Failure, Then Fired When He Resisted, Federal Agency Charges - CHICAGO - Green Chevrolet, an auto dealership in Peoria, Ill., violated federal law by...more

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