Discrimination Reasonable Accommodation Hiring & Firing

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
News & Analysis as of

Making Your Termination Decision Count (Don’t Sleep on This One…)

The success or failure of an employer’s defenses in employment litigation often turns on what motivated a termination decision. My consistently subpar performance or my complaint about harassment? My taking of leave or...more

Beverage Distributors Ordered to Pay About $200K and Hire Sight-Impaired Employee in EEOC Disability Discrimination Suit

Jury Found Company Violated Federal Law by Shunning Legally Blind Applicant - DENVER - In a disability lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), a federal court in Denver has ordered...more

Oakland Children's Hospital Sued by EEOC for Disability Discrimination

Medical Center Fired Employee with Breast Cancer, Federal Agency Charged - OAKLAND, Calif. - An Oakland-based non-profit regional medical center violated federal law when it failed to accommodate and instead fired an...more

Alorica Pays $135,000 to Settle EEOC Disability Discrimination Suit

Company's Predecessor Unlawfully Fired Employee With Bipolar Disorder and Depression While on Short-Term Disability Leave, Federal Agency Charged - ATLANTA - Alorica Inc., a telesales and data services company that...more

Did An Employer Inflate Its Worker’s Performance Deficiencies as a Pretext for Disability Bias? Mass. Court Says Maybe

On November 4, 2013, in Akerson v. Pritzker, No. 12-10240-PBS, the U.S. District Court for the District of Massachusetts rejected the race discrimination and Equal Pay Act claims brought by a former employee of the U.S....more

New York City Issues New Pregnancy & Employment Rights Notice in English, Foreign Language Versions to Follow

Earlier this month, Proskauer issued a client alert on the latest amendment to the New York City Human Rights Law, which expands the protections against discrimination for pregnant employees. For more on the new law, see our...more

Tucson-Area Trucking Company CTI Sued by EEOC For Disability Discrimination

Company Failed to Provide a Reasonable Accommodation to Visually Impaired Employee And Fired Her and Others Because of Their Disabilities, Federal Agency Charges - PHOENIX - CTI, Inc., a Tucson-area regional trucking...more

Supervisor’s Failure To Engage In Interactive Process With Disabled Employee May Convert Employee’s Resignation Into Constructive...

In a case recently decided under the Americans with Disabilities Act (ADA)—Suvada v. Gordon Flesch Company, Inc.—a federal district court in Chicago allowed a production clerk’s claim for constructive discharge against her...more

EEOC Sues Bank of America for Disability Discrimination Against Deaf Worker

Bank Giant Repeatedly Denied Worker's Requests for a Sign Language Interpreter, Then Fired Her, Federal Agency Charges - LAS VEGAS - Bank of America Corporation, one of the country's largest financial institutions,...more

New York City Delivers Expanded Legal Protections for Pregnant Women

On September 24, 2013, New York City Council unanimously approved legislation designed to prevent discrimination in the workplace based on pregnancy, childbirth, or a related medical condition. Introductory Bill No. 974-A...more

Caddell Construction to Pay $125,000 to Settle EEOC Disability Discrimination Suit

Construction Contractor Did Not Provide a Reasonable Accommodation and Terminated the Employee, Federal Agency Charged - BIRMINGHAM, Ala. - Montgomery-based Caddell Construction Company, a major national general...more

EEOC Sues Scottish Food Systems / Laurinburg KFC Take Home for Religious Discrimination

Laurinburg Companies Unlawfully Fired Pentecostal Employee for Refusing to Wear Pants, Federal Agency Charges - LAURINBURG, NC - Scottish Food Systems, Inc. and Laurinburg KFC Take Home, Inc., two North Carolina...more

Funeral Leaves Are Not Always What They May Seem

We often counsel employers to be wary of employment law considerations in situations that may not seem obvious at first glance. For example, prohibiting employees from using certain language on social media sites has proven...more

Employment Law Insight - June 2013

Welcome to the inaugural edition of the Employment Law Insight, a service of the Employment Law practice group at Patton Boggs LLP... ...Why “Employment Law Insight”? Employers have available to them, and indeed are...more

The Working Paper - June 2013: Court Rules That On-Time Arrival at Work May Not Be an Essential Function of an Employee’s Job

Most employers likely think that on-time arrival at work is an essential function of an employee’s job. However, a federal appeals court recently ruled that may not always be the case. In McMillan v. City of New York, 711...more

Americold Logistics to Pay $46,000 to Settle EEOC Disability Lawsuit

Employee Fired Because of Chronic Back Pain, Federal Agency Charged - INDIANAPOLIS -- Americold Logistics, LLC, an Atlanta-based global provider of temperature-controlled warehousing and logistics to the food industry,...more

Failure To Provide Additional Leave As ADA Accommodation Could Prove Costly To Employers

For ages, the employer community has awaited guidance from the EEOC regarding how much additional leave, if any, an employer is required to provide an employee as an ADA reasonable accommodation when an employee is unable to...more

EEOC Sues Star Transport, Inc. for Religious Discrimination

Agency Charges Trucking Company Failed to Accommodate and Wrongfully Terminated Two Muslim Employees For Refusal to Deliver Alcohol Due to Religious Beliefs - PEORIA, Ill. - Star Transport, Inc., a trucking company...more

Employment And Labor Alert: EEOC Updates Guidance On Several Disabilities

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued new guidance in an effort to help employers work with employees with cancer, diabetes, epilepsy and intellectual disabilities....more

Fort Worth Center of Rehabilitation Sued by EEOC for Disability Discrimination

Health Care Facility Refused to Allow Alternate Form of Drug Testing as a Reasonable Accommodation for Applicant with Renal Failure, Agency Charged - DALLAS - The Fort Worth Center of Rehabilitation violated federal...more

Baptist Health South Florida Sued by EEOC for Disability Discrimination

Physician With Epilepsy Denied a Reasonable Accommodation and Fired by Coral Gables Doctor's Hospital, Federal Agency Charged - MIAMI - Baptist Health South Florida, a Miami-based hospital system, violated federal law...more

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

Employment Law Reporter – April 2013: "We won! Wait, no, we lost!": The Narrative Arc of a Disability Discrimination Lawsuit

An employee (Prock) becomes temporarily but totally disabled by an anxiety disorder, goes out on a disability leave and receives disability benefits. The disability leave is extended by the employee’s doctor several times....more

Take 5 Newsletter: EEOC Update; Intern Wage and Hour Claims; NLRB Quorum; Unemployment Discrimination; Social Media Passwords

EEOC Releases Letter Addressing Wellness Programs and Reasonable Accommodation Obligations - In a letter issued recently by the Equal Employment Opportunity Commission ("EEOC"), Peggy Mastroianni, the agency's Legal Counsel,...more

EEOC Sues Toys “R” Us On Behalf of Deaf Job Applicant

The U.S. Equal Employment Opportunity Commission (“EEOC”) has sued retailer Toys “R” Us for failing to provide an interpreter to assist a deaf job applicant during an interview....more

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