News & Analysis as of

Disability Job Applicants

Flaster Greenberg PC

Employers and Developers Must Collaborate to Prevent Screen Outs of Candidates with Disabilities

Flaster Greenberg PC on

This blog focuses on the EEOC’s Technical Guidance on Artificial Intelligence and the ADA and the issue of “Screen Out.” Specifically, what Automated Employment Decision Making Tool (AEDT) developers and employers use to...more

Weintraub Tobin

The EEOC Issues New Guidance Reminding Employers of Protections for Applicant and Employees with Hearing Disabilities

Weintraub Tobin on

On January 24, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) released an updated resource document titled “Hearing Disabilities in the Workplace and the Americans with Disabilities Act,” explaining how the...more

Miller & Martin PLLC

EEOC Issues New Mandatory Workplace Discrimination “Know Your Rights” Poster

Miller & Martin PLLC on

The Equal Employment Opportunity Commission (EEOC) has issued a new mandatory “Know Your Rights: Workplace Discrimination is Illegal” poster....more

Stokes Wagner

Do You Know Your Obligations to Transgender Employees and Job Applicants?

Stokes Wagner on

The subject of transgender Americans has been raised a lot recently, sometimes in political contexts, but regardless of the politics, it is important for employers to understand their obligations with respect to transgender...more

DirectEmployers Association

DE Under 3: Disability Unemployment, Cornell ILR & USDOL Women's Bureau Webinar Series & More

Tune in as our experts share information on the status of vaccine mandate litigation; the new webinar series brought to light by Cornell University’s Industrial & Labor Relations (ILR) School and the USDOL Women’s Bureau; and...more

DirectEmployers Association

OFCCP Week In Review: February 2022 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

DirectEmployers Association

OFCCP Week In Review: December 2021 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

DirectEmployers Association

OFCCP Week In Review: October 2021

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Weintraub Tobin

Are You Asking Applicants When They Can’t Work? If So, You May Be Violating FEHA

Weintraub Tobin on

While employers were busy dealing with a multitude of issues during the peak of the Covid-19 pandemic in the Spring of 2020, the California Department of Fair Employment and Housing (“DFEH”) quietly issued some amended...more

DirectEmployers Association

Section 503 of The Rehabilitation Act of 1973 Self-Identification Requirements & Practice Tips for Federal Government Contractors...

Welcome back to our blog series on self-identification compliance requirements and “best practices.” In this third and final installment of the blog series, we discuss OFCCP’s rules requiring self-identification pursuant to...more

Proskauer - California Employment Law

After-Acquired Evidence Was Properly Used To Defeat ADA Claim

Anthony v. TRAX Int’l Corp., 955 F.3d 1123 (9th Cir. 2020) - After Sunny Anthony filed suit, alleging she was terminated because of her disability, the employer (TRAX) learned that contrary to her representation on her...more

Epstein Becker & Green

#BigIdeas2020: Open Discussion of Mental Health in the Workplace - Employment Law This Week® - Trending News

Epstein Becker & Green on

A #BigIdeas2020 Trending News interview from Employment Law This Week®, featuring attorney Denise Dadika of Epstein Becker Green: After a decade in which mental health issues have led to lost productivity and talent...more

Proskauer - Law and the Workplace

Emerging Trend: ADA Does Not Cover Potential Future Disabilities

Heeding the adage “no one knows what the future may hold,” the Seventh, Eighth and Eleventh Circuits have uniformly refused to extend protections of the Americans with Disabilities Act (ADA) to employees with a perceived risk...more

Troutman Pepper

Accommodations May Be Needed For Hearing-Impaired Job Applicants And Employees

Troutman Pepper on

Q: I understand that employers may be required to offer reasonable accommodations to hearing-impaired applicants and employees. When are accommodations required?  What kind of accommodations must employers offer?...more

Constangy, Brooks, Smith & Prophete, LLP

Medical Inquiries And The ADA

Here are seven things that every employer should know. The Americans with Disabilities Act has been law since 1992, and the rules regarding medical inquiries for applicants and employees have not changed much since that...more

U.S. Equal Employment Opportunity Commission...

Capstone Logistics to Pay $50,000 To Settle EEOC Disability Discrimination Suit

Company Refused to Hire Qualified Applicant Because He Is Deaf, Federal Agency Said - BALTIMORE -- Capstone Logistics LLC, a Norcross, Ga.-based manufacturing and distribution company, will pay $50,000 and provide...more

Ruder Ware

Obesity as Perceived Disability

Ruder Ware on

I recently did a blog about obesity as a disability under the Wisconsin Fair Employment Act. I concluded that the condition of obesity did not automatically constitute a disability although courts could find that an employer...more

U.S. Equal Employment Opportunity Commission...

Huntington Ingalls Sued By EEOC For Disability Discrimination

Shipyard Refused to Hire a Hearing-Impaired Pipefitter Because He Used Hearing Aids, Federal Agency Charges - NEWPORT NEWS, Va. - Newport News-based shipbuilder Huntington Ingalls Incorporated violated federal...more

U.S. Equal Employment Opportunity Commission...

Dollar General Sued by EEOC For Disability Discrimination and Retaliation

Portal, Ga., Store Manager Refused to Interview Applicant After Seeing Her Arm in a Sling, Federal Agency Charges - ATLANTA - The owner-operator of a Georgia Dollar General store violated federal law by discriminating...more

U.S. Equal Employment Opportunity Commission...

Scottsdale Car Dealership to Pay $45,000 To Settle Disability Discrimination Lawsuit

Bell Lexus and The Berge Group Refused to Hire Woman Because of a Prescription Drug She Took for Her Disability, Federal Agency Charged - PHOENIX - Two Scottsdale, Ariz., companies will pay $45,000 and furnish other relief...more

Proskauer - Government Contractor Compliance...

Renewed OFCCP Voluntary Self-Identification of Disability Form Now Available

Yesterday, the Office of Federal Contract Compliance Programs (OFCCP) announced that the Office of Management and Budget renewed the voluntary self-identification form for individuals with disabilities for an additional three...more

Ruder Ware

Recent Disability Discrimination Cases Outline Employer Responsibilities

Ruder Ware on

Two recent decisions regarding disability discrimination have outlined an employer’s responsibilities when dealing with a potential claim of disability and need for accommodation. These decisions offer reminders for...more

U.S. Equal Employment Opportunity Commission...

Amtrak to Pay $112,000 to Settle EEOC Disability Discrimination Lawsuit

Federal Agency Charged Railroad Company Refused to Hire Qualified Machinist Due to Epilepsy - SEATTLE -- The Washington, D.C.-based National Passenger Railroad Corporation, better known as Amtrak, will pay $112,000 and...more

U.S. Equal Employment Opportunity Commission...

Sharp Healthcare Sued by EEOC for Disability Discrimination

San Diego Surgical Center Denied Hire to Applicant Due to Perceived Disability - SAN DIEGO, Calif. - Sharp HealthCare, an operator of hospitals and medical facilities, violated federal law when it denied hire to a job...more

Baker Donelson

EEOC v. Abercrombie & Fitch Continued: Did the Supreme Court Pave the Way for ADA Claims Based on Nonobvious Disabilities?

Baker Donelson on

Earlier this month, the Supreme Court decided EEOC v. Abercrombie & Fitch, a Title VII case involving religious discrimination. While the case did not directly involve the Americans with Disabilities Act (ADA), the...more

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