News & Analysis as of

Disability Retaliation Hiring & Firing

Manatt, Phelps & Phillips, LLP

Second Circuit: ADAAA Doesn’t Cover Inability to Perform Job

Joining the other federal appellate panels to consider the issue, the U.S. Court of Appeals for the Second Circuit held that the Americans with Disabilities Amendments Act (ADAAA) did not alter or erode the understanding that...more

Foley & Lardner LLP

Debunking Conventional Labor and Employment Wisdom

Foley & Lardner LLP on

In my 27 years of practicing labor and employment law, I have observed a number of repeated preconceptions and points that in my humble opinion are simply wrong. I am not arguing that everyone, or even most people, believes...more

McAfee & Taft

Think twice before you dismiss a cry for help: ADA accommodation request or not?

McAfee & Taft on

You know the scenarios: an employee reports his chair is bothering him; another employee reports the glare of the computer screen is hurting her eyes; and a third employee explains he needs a different office space, better...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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Absence Does Not Make the Heart Grow Fonder: Texas Court Holds Attendance Issues Can Preclude Disability Claims

In Wolf v. Lowe’s Companies, Inc., No. 4:16-CV-01560 (March 13, 2018), United States District Judge Alfred H. Bennett of the Southern District of Texas granted Lowe’s motion for summary judgment on a former sales employee’s...more

Sheppard Mullin Richter & Hampton LLP

Obese Employees May Be Protected Under FEHA

In December 2017, the California Court of Appeal published a decision confirming obesity is a protected disability in California if it has a physiological cause. In Cornell v. Berkeley Tennis Club, 18 Cal. App. 5th 908...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...

Food Service Company to Pay $35,000 to Settle EEOC Disability Discrimination Suit

Legendary Baking Fired Employee Because of Spinal Cord Condition, Federal Agency Charged - CHICAGO - An Illinois food service company will pay $35,000 and furnish other relief to settle a disability discrimination...more

Robinson & Cole LLP

Second Circuit Reverses ADA Jury Verdict for Pharmacist with Fear of Needles

Robinson & Cole LLP on

In Stevens v. Rite Aid Corp., No. 15-277 (March 21, 2017), the U.S. Court of Appeals for the Second Circuit reversed a jury award of almost $2 million in favor of a pharmacist who suffered from a fear of needles because he...more

Bradley Arant Boult Cummings LLP

Needle and the Damage Done: Pharmacist’s Phobia Not Enough for ADA Claim

Can fear of an aspect of your job constitute a disability under the ADA? Depends on how essential the function is. In Stevens v. Rite Aid Corp, the Second Circuit Court of Appeals looked at the case of a Rite Aid pharmacist,...more

Littler

Annual Report on EEOC Developments – Fiscal Year 2016

Littler on

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

FordHarrison

Puerto Rico Issues Comprehensive Labor Law Reform

FordHarrison on

On January 26, 2017, Puerto Rico’s Governor, Ricardo Roselló, signed into law the Labor Transformation and Flexibility Act (the “Act”). The Act represents the first significant and comprehensive labor law reform to occur in...more

U.S. Equal Employment Opportunity Commission...

Granite Mesa Health Center Sued By EEOC for Disability Discrimination and Retaliation

Nursing Home Fired a Certified Nurse Assistant When He Disclosed He Was HIV-Positive, Federal Agency Charged - AUSTIN, Texas - A nursing home violated federal law by discharging an employee who hesitated when ordered to...more

U.S. Equal Employment Opportunity Commission...

Baker Wellness Center Illegaly Fired Employee Because of Disability, EEOC Claims in Lawsuit

Company Openly Stated in Termination Letter That It Fired Employee Due to'Medical Problems' After Learning of Her Diabetes, Federal Agency Charges NEW ORLEANS -- Baker Wellness Center, Inc., a Baton Rouge, La., area adult day...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues AutoZone for Fourth Time for Violating Americans with Disabilities Act

Federal Agency Charges Giant Auto Parts Retailer Failed to Accommodate Disability-Related Absences of Employees, Retaliated Against Employee for Protesting - CHICAGO - AutoZone, Inc. violated federal law when it...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Wal-Mart for Sexual Harassment, Retaliation and Disability Discrimination

Developmentally Disabled Walmart Employee in Akron Store Fired for Complaining About Sexual Touching, Federal Agency Charges - CLEVELAND - Wal-Mart Stores East, L.P. violated federal law by allowing a male employee...more

U.S. Equal Employment Opportunity Commission...

Kintetsu International Express to Pay $77,500 to Settle EEOC Disability Harassment, Retaliation Suit

Supervisor Constantly Degraded Tour Coordinator with Arthritis, Then Forced Her and Co-Worker Out for Reporting Harassment, Federal Agency Charged - HONOLULU, Hawaii - Kintetsu International Express (USA), Inc. - a...more

Franczek P.C.

Why Must Employers Train Their Managers About The FMLA? Here Are 1.2 Million Reasons Why

Franczek P.C. on

I came across an interesting FMLA case this past week, and the facts are simple enough that it kept my attention. [In the age of Twitter and Facebook, anything beyond a 30-second sound byte and you might as well give me a...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Fidelity Engineering Corporation for Disability Discrimination and Retaliation

HVAC Company Fired Employee Because of Heart Condition and Refused to Rehire Him After He Filed a Discrimination Charge, Federal Agency Said - BALTIMORE - A leading provider of mechanical heating, ventilation and air...more

U.S. Equal Employment Opportunity Commission...

McCormick & Schmick’s to Pay $47,814 to Settle EEOC Disability Discrimination Lawsuit

Deaf Prep Cook at National Harbor Restaurant Demoted, Harassed, Retaliated Against and Fired, Federal Agency Charged - BALTIMORE - McCormick & Schmick's Seafood Restaurant, Inc. will pay $47,814 and provide other...more

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