News & Analysis as of

Equal Employment Opportunity Commission (EEOC) Disability Discrimination Family and Medical Leave Act (FMLA)

U.S. Equal Employment Opportunity Commission...

EEOC Sues Pace Southeast Michigan for Disability Discrimination

Says Adult Care Provider Refused to Reasonably Accommodate Employees Returning From FMLA - DETROIT– PACE Southeast Michigan, a company providing all-inclusive care for the elderly, violated federal law at multiple...more

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

Eighth Circuit Chips Away at ‘Honest Belief’ Defense and Creates ‘Intertwinement Test’ for Disability Discrimination Cases

On July 1, 2024, in Huber v. Westar Foods, Inc., in a 2–1 decision, the Eighth Circuit Court of Appeals departed from the “honest belief” defense recognized by the First, Second, Fourth, Fifth, and Seventh Circuits (and U.S....more

U.S. Equal Employment Opportunity Commission...

Didlake, Inc. Pays More Than $1 Million in EEOC Disability Discrimination and Retaliation Lawsuit

Nonprofit Denied Accommodations to Deaf and Hard-of-Hearing Employees and Fired Employees Who Requested Medical Leave, Federal Agency Charged - WASHINGTON – Didlake, Inc., a government contractor that provides janitorial...more

Ballard Spahr LLP

EEOC Provides “Capstone” COVID-19 Guidance for Employers

Ballard Spahr LLP on

The U.S. Equal Opportunity Commission (EEOC) recently updated its technical assistance bulletin and comprehensive COVID-19 resource, titled What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other...more

Fox Rothschild LLP

EEOC Shares Why Investigators “Red Flag” Charges for Potential Systemic Investigation and Class Litigation

Fox Rothschild LLP on

Recently, the U.S. Equal Employment Opportunity Commission (EEOC) Phoenix District Office held a webinar on Selected Emerging and Developing Issues. The presentation emphasized EEOC’s prioritization of new and developing...more

Bradley Arant Boult Cummings LLP

Avoid the Naughty List: Eighth Circuit Insight into Handling Requests for Reasonable Accommodations under the ADA

We can’t pass up the opportunity to encourage you to stay off the naughty list by telling you about this Eighth Circuit case offering guidance on working with your employees who request ADA accommodations. In Joseph Mobley v....more

FordHarrison

The New Era of Mental Health in the Workplace; the FMLA and ADA Implications

FordHarrison on

Executive Summary: - There is no denying that the COVID-19 pandemic has changed the landscape of the workplace. Whether for better or for worse may be subject to debate and personal opinion, but what is a fairly certain...more

Venable LLP

Long COVID: A Get-Out-of-Work-Free Card?

Venable LLP on

Imagine one of your employees (let’s call her Sarah) recently contracted COVID-19, as so many workers have in the past two years. Unlike your other employees, however, Sarah’s symptoms did not subside after a few weeks....more

Cozen O'Connor

Employment Law Now VI-116-Top 10 Employment Issues To Consider For The Summer Kick-Off

Cozen O'Connor on

As we approach the unofficial start to Summer 2022, today's new episode addresses the 10 issues that should be on the radar of all employers....more

U.S. Equal Employment Opportunity Commission...

Groendyke Transport / McKenzie Property Management to Pay $65,000 to Settle EEOC Disability Lawsuit

Trucking Company Terminated Two Long-Term Employees Because They Exhausted FMLA Medical Leave, Federal Agency Charged - BIRMINGHAM, Ala. – A trucking company and a property management company will pay $65,000 and furnish...more

Proskauer Rose LLP

Mental Health Discrimination: A Rising Risk for Employers

Proskauer Rose LLP on

Mental health is the latest emergent issue for employers due to recent events such as the ongoing COVID-19 pandemic, resulting recession and other factors like the perpetual display of racial injustices in the media. ...more

Constangy, Brooks, Smith & Prophete, LLP

Asking Applicants For Vax Status? Not So Fast, Employers.

I'm not sure the ADA will let you do that. There has been a lot in the news lately about job applicants who include their COVID-19 vaccination status on their resumes, employers who ask applicants for that information, and...more

Jaburg Wilk

Your Attendance Policy May Be a Ticking Time Bomb

Jaburg Wilk on

The EEOC has long waged war against “no-fault” or rigid employment policies. No-fault attendance policies penalize employees by issuing them points (also known as occurrences) for absences, late arrivals and early departures....more

Downs Rachlin Martin PLLC

Labor & Employment Law: Vermont and Federal Legislative Update

Downs Rachlin Martin labor and employment attorneys Amy Resnick and Andrea Wright highlight key Vermont and Federal legislative updates from 2020 that impact HR professionals. They walk through: Vermont minimum wage...more

U.S. Equal Employment Opportunity Commission...

Rural/Metro Corp / American Medical Response Sued by EEOC for Pregnancy and Disability Bias

Medical Transport Company Refused to Accommodate Employee with Pregnancy-Related Disability, Federal Agency Charges - ORLANDO, Fla. – Rural/Metro Corporation of Florida, doing business as American Medical Response (AMR),...more

Seyfarth Shaw LLP

7th Circuit Focuses On Evidence To Avoid Distraction In Associational Discrimination Case

Seyfarth Shaw LLP on

Seyfarth Synopsis: On August 18, 2020, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgment on a plaintiff’s associational disability discrimination and retaliation claims, finding the plaintiff failed...more

Cozen O'Connor

COVID-19 FAQs For California Employers

Cozen O'Connor on

We have prepared the following FAQ to guide California employers with respect to their workplace policies and their response to the orders and laws that have been passed at the federal, state and local level to contend with...more

U.S. Equal Employment Opportunity Commission...

Rogers Memorial Hospital Settles EEOC Disability Discrimination Case

MILWAUKEE -- The U.S. Equal Employment Opportunity Commission (EEOC) and Rogers Memorial Hospital, Inc., a Wisconsin-licensed, private, not-for-profit psychiatric system with three hospital campuses in the greater Milwaukee...more

ArentFox Schiff

Reimagining the World of Work Due to COVID-19

ArentFox Schiff on

As coronavirus infections begin to abate in some parts of the United States, employers are contemplating how to safely and efficiently return to work. It will not be easy. In the absence of adequate testing and other...more

Verrill

2019 Wrap Up: Tis the season to be jolly...and anxious...and depressed - Mental Health and Employment Law now and in 2020

Verrill on

The last decade has brought with it a significant increase in the number of claims stemming from allegations of discrimination or retaliation as a result of mental health conditions. While we often see an increase in anxiety...more

U.S. Equal Employment Opportunity Commission...

American Woodmark to Pay $25,000 to Settle EEOC Disability Discrimination Suit

Employee With Disabilities Denied a Reasonable Accommodation and Discharged After Seeking Two Days of Unpaid Leave, Federal Agency Charges - ATLANTA - American Woodmark Corporation, a wood cabinetry manufacturer, will pay...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Says Attendance Was Essential Function of Job

If asked to describe the essential functions of a given job, most employers would include actually showing up to work as a critical component. In recent years the Equal Employment Opportunity Commission has taken the position...more

Troutman Pepper

Anxiety And The ADA

Troutman Pepper on

Q: An employee in my company has requested intermittent leave as an accommodation for what he claims is a debilitating “anxiety,” but he has no job performance issues and seems fine to me. Are we required to provide a...more

Parker Poe Adams & Bernstein LLP

Employee's Request for Leave Triggered ADA Accommodation Obligations

The EEOC and federal courts have repeatedly said that employees seeking accommodations for disabilities under the ADA do not have to use any “magic words” to trigger the employer’s obligations. A recent decision from the...more

U.S. Equal Employment Opportunity Commission...

Connections CSP Will Pay $550,000 to Settle EEOC Disability Discrimination Suit

Human Services Provider Unlawfully Fired Employees Who Needed Medical Leave, Federal Agency Charged - WILMINGTON, Del. -- Connections CSP, Inc., a Delaware corporation that provides services in Delaware's correctional...more

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