News & Analysis as of

OFCCPs New Veteran/Disability Regulations Are Now in Effect. Are You Ready?  [Video]

Two new groundbreaking regulations implementing Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans Readjustment Assistance Act went into effect on March 24. They require federal government contractors...more

EEOC Roundup (January 2014)

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

Failure to provide an Ounce of ADA Compliance is worth a Pounding by the DOJ - What you can learn from the DOJ's settlement...

The Department of Justice (DOJ) continues to make the hospitality sector a target for enforcement of the Americans with Disabilities Act (ADA). Starwood Hotels and Resorts Worldwide, Inc. and The Phoenician are the latest to...more

Labor And Employment Observer - 2013/2014

In This Issue: Message from the Chair; Social Media and the Workplace: 2013 and Beyond; Unpaid Internships: Training Ground or Legal Landmine?; Supreme Court’s Nassar Decision Sets Higher Causation Standard for a...more

Discrimination Claim—Based on Association to Disabled Relative—Survives Dismissal Request

In Rope v. Auto-Chlor System of Washington, Inc., plaintiff Scott Rope, a former branch manager for Auto-Chlor, sued his employer for violation of the newly-enacted Michelle Maykin Memorial Donation Protection Act,...more

California Court Further Expands FEHA Protections To Employees Based On Association With Disabled Person

Rope v. Auto-Chlor System of Washington, Inc., No. B242003 (October 16, 2013): Recently, a California Court of Appeal held that a fired employee could proceed with a lawsuit in which he claimed that his employer discriminated...more

Annual Labor & Employment Law Update

In This Issue: - New Legislation Public and Private Employers - Wage and Hour Law - Disability, Discrimination and Medical Leaves - Discrimination, Harassment and Retaliation - Religion in the...more

Providence Hospital Sued by EEOC for Disability Discrimination

Hospital Fired Employee Who Relied on Cane, Federal Agency Charged - WASHINGTON - Providence Hospital, a full-service hospital in Washington, D.C., unlawfully refused to accommodate a disabled employee and subsequently...more

Foodworks Will Pay $25,000 to Settle EEOC Disability Discrimination Lawsuit

Grocery Store Chain Asked Applicants Illegal Disability-Related Questions and Fired Employee Because of His Epilepsy, Federal Agency Charged - NEW YORK - The Food Farmacy, Ltd. and J&T Enterprises, LLC, doing business...more

Employee Stated a Claim for Associational Discrimination when Fired After Seeking Time Off to Donate a Kidney to his Sister

A trial court dismissed a lawsuit by a former employee against an employer who fired him after he requested leave to donate a kidney to his physically disabled sister. A court of appeal held that the trial court erred in...more

Human Rights Claims In The Ontario Courts – Now What?

Way back in 2008, the Ontario Human Rights Code was amended to permit human rights claims to be piggybacked onto wrongful dismissal actions in the Ontario courts. Prior to that time, the only recourse for an employee with a...more

Dealership Update, No. 4, November 2013: The ADA And The FMLA: Look Both Ways At The Intersection

Employees who become injured, disabled, or ill may be entitled to leave under several federal laws including the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). Complying with the...more

Toys"R"Us Will Pay $35,000 to Settle EEOC Disability Discrimination Lawsuit

Retailer Refused to Accommodate or Hire Deaf Applicant, Federal Agency Said - BALTIMORE - Toys"R"Us, Inc., one of the world's largest retailers of toys and juvenile products, will pay $35,000 and provide significant...more

New York City Employers Face Tougher Disability Accommodation Standards

In Romanello v. Intesa Sanpaolo, S.p.A., the New York Court of Appeals adopted the broad reading of an employer’s duty to accommodate a disabled employee under the New York City Human Rights Law (City HRL), as initially set...more

Government Procurement: September and October 2013 Federal Register Update

1. Final Rules Regarding the Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors - On September 24, 2013, the Department of Labor Office of Federal Contract Compliance Programs...more

Banks Face Class Action Lawsuits Alleging Noncompliance With ADA Regulations Governing ATMs

More than 100 nearly identical class action lawsuits alleging noncompliance with Americans with Disability Act accessibility standards for ATM machines have been filed against banks and credit unions since new standards went...more

EEOC, Huyssen, Inc., Licensed to Use the Registered Service Mark Sedona Staffing, and Sedona Group Reach Agreement on...

SAN DIEGO, Calif. - Huyssen, Inc., licensed to use the registered service mark Sedona Staffing and the Sedona Group, agreed to pay $920,000 and implement preventive measures to settle a variety of discrimination charges filed...more

EEOC Sues Upper Chesapeake Health System for Disability Discrimination and Retaliation

Health Care System Fired a Pulmonary Function Technologist After She Requested an Accommodation and Filed a Discrimination Charge, Federal Agency Charges - BALTIMORE - Upper Chesapeake Health System, a leading health...more

EEOC Sues Benny Boyd Car Dealership for Disability Discrimination and Harassment

General Manager with Multiple Sclerosis Denied Partnership and Harassed Because of his Disability, Forced to Resign from Dealership, Agency Charges - LUBBOCK - A Lubbock, Texas automobile dealership violated federal...more

EEOC Sues Angel Medical Center for Disability Discrimination

Hospital Fired Nurse Because of Her Cancer Treatments, Federal Agency Charges - ASHEVILLE, N.C. - Angel Medical Center, Inc., a full-service critical access hospital located in Franklin, N.C., unlawfully refused to...more

Camden Place Health & Rehab Pays $51,000 to Settle EEOC Disability Discrimination Lawsuit

Nursing Home Fired Nursing Assistant With Asthma Over Smoking Issue, Federal Agency Charged - GREENSBORO, N.C. - Camden Place Health & Rehab, LLC, a Greensboro health and rehab facility, will pay $51,000 and furnish...more

The Pines of Clarkston Unlawfully Fired Administrator Because of Epilepsy, EEOC Charges

Woman Terminated Because Physical Exam Disclosed Condition, Federal Agency Charges - DETROIT - The Pines of Clarkston, a Clarkston, Mich., operator of a chain of assisted living facilities violated federal law by...more

New York City Council Amends New York City Human Rights Law to Require Employers to Provide Reasonable Accommodations to Pregnant...

The nation’s broadest anti-discrimination law just got broader – now requiring employers to provide reasonable accommodations to pregnant employees. Existing Federal, state and city laws already protect women against...more

Georgia Council for the Hearing-impaired Sued by EEOC for Retaliation

Federal Agency Alleges Organization Breached Mediation Agreement; Retaliated Against Employee for Filing Charge - ATLANTA - The Georgia Council for the Hearing-Impaired, a nonprofit agency that provides services for...more

Norfolk Southern Railway Company Sued by EEOC for Disability Discrimination

Company Refused to Allow Employee with Disability to Return to Work After Treatment, Federal Agency Charged - ATLANTA - A Norfolk, Va.-based railway company unlawfully discriminated against an employee because of his...more

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