News & Analysis as of

EEOC Sues Employer for Allegedly Coercing Employee to Participate in Wellness Program

Employers continue to struggle to understand the Equal Employment Opportunity Commission’s position with regard to their wellness programs. While conceding the lawful use of such programs and the benefits achieved in terms of...more

Sunbridge Regency-North Carolina Pays $35,000 to Settle EEOC Disability Discrimination Lawsuit

Mount Olive Nursing Home Unlawfully Fired Disabled Employee, Agency Charged - RALEIGH, NC - SunBridge Regency-North Carolina, Inc., a North Carolina corporation that operates a nursing home in Mount Olive, N.C., will...more

Medical review officers can help eliminate disability discrimination claim

Oklahoma consistently ranks at or near the top of all states when it comes to prescription drug abuse. The prescription rate for opioids (i.e., painkillers) in Oklahoma is among the highest in the nation, and the state also...more

Holly Manor Center Nursing Home Pays $75,000 to Settle EEOC Disability Discrimination Lawsuit

Nursing Home Rescinded Offer to Hire Qualified Applicant Because He Is Deaf, Federal Agency Charged - NEWARK, N.J. - A Mendham, N.J., nursing home will pay $75,000 and furnish significant equitable relief to resolve a...more

Popeye's Chicken Franchisee to Pay $25,000 to Settle EEOC Disability Discirmination Lawsuit

Longview Fast Food Restaurant Refused to Hire HIV-Positive Applicant Despite His Qualifications, Federal Agency Charged - TYLER, Texas - Famous Chicken of Shreveport, L.L.C. a Popeye's Chicken franchisee, has agreed to...more

Court Upholds Employer’s Inflexible Leave Policy

The U.S. Equal Employment Opportunity Commission (EEOC) has filed a number of lawsuits against companies with inflexible leave policies, claiming the policies are discriminatory under the Americans with Disabilities Act...more

Work A Full Eight Hours? That's Not In My Job Description!

According to the EEOC, healthcare employers are disproportionately represented in the ranks of those sued for violations of the Americans with Disabilities Act (ADA). Baptist Health South Florida, Inc. recently became one of...more

Recent EEOC Guidance Calls for Reasonable Accommodation of Normal Pregnancy

In July 2014, the Equal Employment Opportunity Commission (EEOC) took the position, in controversial Enforcement Guidance, that the federal Pregnancy Discrimination Act (PDA) requires employers to treat women with normal...more

Timing Is Everything: Employee Can Advance Pregnancy Discrimination Claim

On the heels of the EEOC’s recent guidance on pregnancy discrimination, a federal court has determined that an employee who was terminated based on future pregnancy-related job restrictions may proceed to trial on her...more

Employment Law: August 2014

California Supreme Court Weighs In On Commission Wages - Why it matters: Employers in California that pay commission wages should familiarize themselves with a new decision from the California Supreme Court limiting...more

REASONABLE ACCOMMODATION: Lifting restrictions weigh down employees’ ADA claims

Two recent court decisions considered whether employees who had permanent lifting restrictions were “qualified individuals” entitled to relief under the Americans with Disabilities Act (ADA)....more

ADA: Temporary Medical Condition May Be a Disability

A recent decision from the Fourth Circuit Court of Appeals held that under the Americans with Disabilities Act (ADA), an impairment or injury is not excluded as a disability simply because it is temporary. In deciding Summers...more

EEOC Issues Guidelines on Pregnancy Discrimination in the Workplace

For the first time in 30 years, on July 14, 2014, the Equal Employment Opportunity Commission (“EEOC”) has issued comprehensive guidelines for employers dealing with pregnant employees in the workplace (the “Guidance”). ...more

The EEOC Delivers its Expected New Guidance on Pregnancy Discrimination

Dust off your handbooks and rethink your employment policies – the EEOC has just announced some significant changes in how it is going to investigate and litigate pregnancy discrimination claims....more

EEOC Issues New Enforcement Guidance on Pregnancy Discrimination

The U.S. Equal Employment Opportunity Commission (EEOC) issued new Enforcement Guidance this month regarding pregnancy discrimination. This is the first comprehensive update to the EEOC’s Pregnancy Discrimination Guidance...more

New EEOC Developments Expand Employers’ Pregnancy Accommodation Obligations

For the first time in more than 30 years, on July 14, 2014, the Equal Employment Opportunity Commission (“EEOC”) overhauled its guidance on pregnancy discrimination issues—broadening anti-discrimination coverage and...more

Must an Employer Modify its Leave of Absence Policy to Ensure Compliance with the ADA?

When is modification of a no-fault or inflexible leave of absence policy required as an accommodation under the Americans with Disabilities Act (ADA)? Although the Equal Employment Opportunity Commission (EEOC) has taken the...more

EEOC Broadens Pregnancy Discrimination Protections

On July 14, 2014, the Equal Employment Opportunity Commission ("EEOC") issued an updated enforcement guidance on pregnancy discrimination and related issues, and significantly widened the employee protections. The guidance...more

EEOC Issues New Enforcement Guidance on Pregnancy Discrimination and Related Issues

On July 14, 2014, the Equal Employment Opportunity Commission ("EEOC"), by a 3-to-2 vote of commissioners, issued Enforcement Guidance on Pregnancy Discrimination and Related Issues (the "Guidance"), along with a question and...more

EEOC Issues Guidelines on Pregnancy Discrimination for First Time in 30 Years

The Equal Employment Opportunity Commission (EEOC) recently issued new enforcement guidance on pregnancy discrimination for the first time in 30 years. The new guidance clarifies the EEOC's understanding of the law, as well...more

Employment Law - July 2014 #2

High Court’s Fall Docket Includes Major Employment Issues - Why it matters: While the 2013-2014 U.S. Supreme Court term may be over, the justices have granted certiorari in two major employment cases slated for the...more

EEOC Issues Pregnancy Discrimination Guidance

On Monday, the Equal Employment Opportunity Commission issued a new enforcement guidance dealing with employer obligations under the Pregnancy Discrimination Act. While repeating settled law regarding employer obligations to...more

EEOC Effectively Declares Pregnancy a "Disability" Requiring Reasonable Accommodation — Even When the Pregnant Employee Is Not...

The Equal Employment Opportunity Commission has recently declared that pregnancy alone, even without other underlying medical conditions, may require employer accommodations according to recent guidance released July 14,...more

Court Recommends Supervalu/Jewel-Osco Be Held in Contempt for Violations of EEOC Consent Decree in Disability Case

Federal Agency Obtains Relief for Three Jewel Employees Denied Accommodation, Court Calls for Extension of Decree and Appointment of Special Master - CHICAGO - Federal Magistrate Judge Michael Mason has entered a...more

EEOC Sues Genesis Healthcare / Mount Olive Care & Rehabilitation Center for Disability Discrimination

Mount Olive Nursing Home Unlawfully Fired Employee Because of Arm Impairment, Federal Agency Charges - RALEIGH, N.C. - Genesis Healthcare, LLC, d/b/a Mount Olive Care & Rehabilitation Center, a Delaware limited...more

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