News & Analysis as of

Disability Medical Leave Disability Discrimination

Parker Poe Adams & Bernstein LLP

ADA-Covered Disability Does Not Need to be Long Term

The Americans with Disabilities Act (ADA) protects individuals with substantial impairment of a major life activity. In the past, this definition was interpreted by federal courts to limit ADA coverage to persons with chronic...more

Poyner Spruill LLP

Keep in Touch: Fourth Circuit Issues Reminder of The Importance of Communicating With Employees on Leave

Poyner Spruill LLP on

Last week, the United States Court of Appeals for the Fourth Circuit—the court that decides federal appeals from South Carolina, North Carolina, Virginia, West Virginia, and Maryland—issued an unpublished opinion that serves...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Colorado Excavating for Disability Discrimination

Company Fired Employee After Seizure, Federal Agency Charges - DENVER - Gollnick Construction, Inc., which does business as Colorado Excavating, violated federal law when it fired an employee because she had a seizure,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Spencer Gifts for Disability Discrimination

Novelty Gift Company Failed to Accommodate and Fired Employee Due to Disability, Federal Agency Charges - HICKORY, N.C. - Spencer Gifts, LLC (Spencer), a Delaware corporation that operates novelty gift stores throughout...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Austal USA For Disability Discrimination

Global Defense Contractor Fired Employee Who Needed Intermittent Leave to Treat Diabetes, Federal Agency Charges - MOBILE, Ala. - Austal USA, LLC, a global designer and manufacturer of defense and commercial ships...more

U.S. Equal Employment Opportunity Commission...

Kessinger Hunter Management to Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

Company Refused Employee's Request for One-Week Extension of Medical Leave to Recuperate From Surgery, Federal Agency Charged - ST. LOUIS - Kessinger Hunter Management, Inc. (KHMI), a national commercial property...more

U.S. Equal Employment Opportunity Commission...

Custom Fabrication & Engineering Sued by EEOC For Disability Discrimination And Retaliation

Company Refused to Return Employee to Work After Stroke Because It Regarded Him as Disabled and Fired Him for Filing a Charge, Federal Agency Charges - LITTLE ROCK, Ark. - Custom Fabrication & Engineering, doing business...more

McAfee & Taft

The dangers of ‘100% healed’ and ‘no restrictions’ policies

McAfee & Taft on

The Americans with Disabilities Act (ADA) requires employers to provide a reasonable accommodation to qualified individuals with a disability, unless doing so would trigger significant operational difficulties and/or expenses...more

U.S. Equal Employment Opportunity Commission...

Mueller Industries Settles EEOC Class Disability Discrimination Lawsuit For $1 Million

Company's Strict Enforcement of 180-Day Maximum Leave and Attendance Policies Disadvantages Workers With Disabilities, Federal Agency Says - LOS ANGELES - The U.S. Equal Employment Opportunity Commission (EEOC) announced...more

Foley & Lardner LLP

Employers Are Allowed to Choose Alternative Reasonable Accommodations if Effective

Foley & Lardner LLP on

Employers generally understand their obligation to provide a reasonable accommodation to qualified individuals with disabilities as required under the Americans with Disabilities Act (ADA), as well as a number of state and...more

U.S. Equal Employment Opportunity Commission...

EEOC Files Disability Discrimination Lawsuit Against Heritage Home Group

Home Furnishings Company Denied Accommodation to and Fired Employee, Federal Agency Charges - CHARLOTTE, N.C. - Heritage Home Group, LLC (Heritage Home), a North Carolina corporation that designs, manufactures, sources...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Illinois Action for Children for Disability Discrimination

Employer Fired Employee with Cancer Instead of Granting Request for Medical Leave, Federal Agency Charges - CHICAGO - Illinois Action for Children fired an employee who was on leave receiving treatment for breast cancer...more

Fisher Phillips

12 Months of Additional ADA Leave Not Reasonable, Court Says - Three Lessons to Be Learned From 1st Circuit Decision

Fisher Phillips on

A federal appellate court recently ruled that an employee’s request for 12 months of additional medical leave was not reasonable, and thereby upheld the dismissal of her Americans with Disabilities Act (ADA) lawsuit against...more

U.S. Equal Employment Opportunity Commission...

Harrison Poultry to Pay $100,000 to Settle EEOC Disability Discrimination Lawsuit

Poultry Company Fired Manager While on Approved Leave, Federal Agency Charged - ATLANTA - Harrison Poultry, Inc., a poultry hatchery located in Bethlehem, Ga., will pay $100,000 and furnish other relief to settle a...more

Bradley Arant Boult Cummings LLP

Jury Sides with FedEx in ADA Failure to Accommodate Case

For those of you who think the Americans with Disabilities Act (ADA) means you have to do whatever a disabled employee wants, I bring good news from of all sources, a jury in California. This case had it all—an employee...more

Dorsey & Whitney LLP

Taking the Stress Out of Employee Claims of Disability Caused by the Stress of Working for a Particular Supervisor

Dorsey & Whitney LLP on

Navigating an employee’s claim of stress-related disability continues to challenge employers. Recently, the California Court of Appeal provided helpful guidance for employers when an employee claimed to be unable to work...more

K&L Gates LLP

Case Alert: Failure to Pay Bonus to Disabled Employee Was Discrimination

K&L Gates LLP on

What happened? In the recent case of Land Registry v Houghton the Employment Appeal Tribunal (EAT) ruled that an employer had discriminated against disabled employees by operating a bonus scheme which disqualified employees...more

U.S. Equal Employment Opportunity Commission...

Dialysis Clinic, Inc. Sued By EEOC For Disability Discrimination

Sacramento Clinic Fired Nurse With Breast Cancer Over Medical Leave, Federal Agency Charges - SACRAMENTO, Calif. -- Nationwide healthcare provider Dialysis Clinic, Inc. (DCI) violated federal law by firing and refusing...more

U.S. Equal Employment Opportunity Commission...

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

Proskauer Rose LLP

Employer Must Prove Indefinite Leave Is Undue Hardship Under NYCHRL, Says New York’s Highest Court

Proskauer Rose LLP on

Can an employee state a claim for a disability discrimination termination when he advises his employer that his return to work date "is indeterminate at this time" and the employer, without further discussion with the...more

U.S. Equal Employment Opportunity Commission...

Smurfit-Stone Container Corporation Sued by EEOC for Disability Discrimination

Company Now Known as RockTenn CP, LLC Fired Employee Because of His Disability, Federal Agency Charges - FLORENCE, S.C. - RockTenn CP, LLC formerly known as Smurfit-Stone Container Corporation, discriminated against an...more

Littler

Lost in Translation: California's New Pregnancy Disability Leave Regulations and Their New, Contradictory Obligations

Littler on

In regulations that became effective December 30, 2012, California employers received additional guidance on how to handle leaves of absence for employees disabled by pregnancy, childbirth, or a related medical condition....more

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