Equal Employment Opportunity Commission Reasonable Accommodation

The United States Equal Opportunity Commission is a federal agency created by Title VII of the Civil Rights Act of 1964. The EEOC is charged with enforcing anti-discrimination laws in the workplace.... more +
The United States Equal Opportunity Commission is a federal agency created by Title VII of the Civil Rights Act of 1964. The EEOC is charged with enforcing anti-discrimination laws in the workplace. Specifically, the Agency addresses instances where employees or applicants are discriminated against on the basis of color, race, sex, religion, national origin, disability, and/or genetic information.  less -
News & Analysis as of

Is Obesity a Disability Under the ADA Not Without Physical Impairment Eighth Circuit Rules

Obesity does not meet the definition of a “disability” under the Americans with Disabilities Act (ADA) for either the discrimination or “regarded as” provisions of the statute, a panel of the Eighth Circuit Court of Appeals...more

RockTenn to Pay $187,500 to Settle EEOC Disability Discrimination Suit

Human Resources Manager Fired Because of Coronary Artery Disease, Agency Says - DETROIT - A paper and packaging manufacturer with a facility located in Battle Creek, Mich., will pay $187,500 to settle a disability...more

EEOC Requesting Information? Be Wary What You Tell Fellow Employees

Picture this scenario: You come into your office one morning to learn that an employee has filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) claiming that you failed to accommodate...more

Neenah Paper to Pay $33,000 to Settle EEOC Disability Discrimination Suit

Company Required Employee to Take Meds at Job Site as a Condition of Employment, Federal Agency Charged - DETROIT - A manufacturer of various types of premium paper with a paper mill in Munising, Mich., will pay $33,000...more

Bank of America Settles EEOC Disability Discrimination Lawsuit

Deaf Employee Was Denied a Sign Language Interpreter, Federal Agency Charged - LAS VEGAS-Bank of America, N.A. will pay $30,000 and furnish other relief to settle a disability discrimination lawsuit filed by the U.S....more

Protecting Alcoholics, Preventing Alcohol Misuse and Distinguishing Between the Two

It has long been clear that the Americans with Disabilities Act of 1990 (ADA) protects alcoholism if it qualifies as a “disability.”1  That said, courts have consistently held that employers can have legitimate work rules...more

Fourth Circuit Says Driving May Not Be Essential Job Function for Traveling Salesperson

Most employers would assume that a traveling salesperson who could no longer drive due to a medical condition cannot perform the essential functions of her job. The Americans with Disabilities Act only requires accommodations...more

Retaliation Weigh-in – Don’t Be the Biggest Loser

While watching the Biggest Loser may be entertaining or even inspiring, dealing with an overweight employee may be a human resources nightmare. A person’s weight is a delicate topic in almost any conversation. When an...more

Is Driving An “Essential Function Of The Job” For Your Road Warriors?

If your employee isn’t a professional driver but spends a lot of time on the road, how “essential” a job function is driving for ADA purposes? Is driving “essential” at all? In what I consider to be a very significant...more

Workplace Scents and Sensibility

Spring is beginning to bloom and for many of us this means taking time to stop and smell the flowers. However, those delightful smells of spring can trigger annoying and sometimes painful physical reactions for many who...more

Presence Health to Pay $500,000 To Conciliate EEOC Class Investigation

CHICAGO - Presence Health, the largest Catholic healthcare system in Illinois, has agreed to pay $500,000 to conciliate complaints filed with U.S. Equal Employment Opportunity Commission (EEOC) pursuant to the Americans with...more

AT&T Debe Pagar $250.000 y Ademas Reinstalar a un Empleado Para Transar Demanda de Discrimen por Discapacidad

Gigante de las telecomunicaciones removio a un empleado técnico con una discapacidad visual de sus labores, haciendo caso omiso de la petición de acomodo razonable, reclamo la agencia federal. SAN JUAN, Puerto Rico -...more

AT&T to Pay $250,000 and Reinstate Employee to Settle EEOC Disability Discrimination Lawsuit

Telecom Giant Removed Visually Impaired Technician From His Job, Ignoring His Accommodation Request, Federal Agency Charged - SAN JUAN, Puerto Rico - AT&T, a multi-national telecommunications company, will pay $250,000,...more

Religious Accommodation in the Healthcare Industry: What to Do When an Employee’s Beliefs Clash With Job Duties

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against applicants and employees based on their religion, and requires employers to provide a reasonable accommodation of employees’ sincerely...more

Can You Fire An Employee Who Has Exhausted FMLA Leave?

An employee of yours goes out on medical leave. Suppose that you only have to abide by the federal FMLA law. After 12 weeks, the employee is still out. Can you simply fire the employee?...more

P.H. Glatfelter to Pay $180,000 to Settle EEOC Disability Discrimination Lawsuit

Paper Manufacturer Screened Out Individuals With Disabilities Based on Unlawful Qualification Standard, Federal Agency Said - PHILADELPHIA - P.H. Glatfelter Company, a global paper manufacturer headquartered in York,...more

Downriver Community Services Will Pay $31,000 to Settle EEOC Disability Discrimination Lawsuit

Federally-Qualified Health Center Denied Counselor a Reasonable Accommodation, Terminated Her, Then Refused to Rehire Her Because of a Herniated Disc, Federal Agency Charged - DETROIT - Downriver Community Services will...more

Post-Paris and San Bernandino: The EEOC Weighs In on Anti-Muslim Workplace Discrimination

In the wake of Paris and San Bernandino, the EEOC has issued new “Questions and Answers” for employers concerning workers who are, or are perceived to be, Muslim or Middle Eastern. The agency issued companion questions and...more

What Tips the Scale? Obesity as a Perceived Disability Under the ADA

Employers often call with questions about the Americans with Disabilities Act (ADA) as they navigate when and how to make reasonable accommodations for employees with known disabilities. Most are generally familiar with the...more

EEOC Issues Guidance Directed Specifically to HIV Positive Employees and Their Physicians

On December 1, 2015, in conjunction with World AIDS Day, the EEOC issued two documents addressing the legal rights available to employees with HIV/AIDS under the Americans with Disabilities Act (“ADA”)....more

Seventh Circuit Slams The “Brakes” On The EEOC’s Appeal Of AutoZone ADA Defeat

As we have previously noted, the EEOC continues to push the envelope on many fronts, including new theories/arguments in cases brought under Americans With Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”), such as its...more

Who Was Naughty, And Who Was Nice In Employment Law This Year

The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic and almost impossible for employers to...more

Fenwick Employment Brief

Bag Checks for Apple Employees Not Compensable Time - Apple Inc. recently convinced a California federal district court to dismiss a certified class action alleging that Apple had a legal duty to pay store workers for...more

EEOC Issues Guidance on Rights of Applicants and Employees Infected with HIV

In a recent press release announcing new guidance for applicants and employees infected with HIV, the Equal Employment Opportunity Commission (EEOC) noted that in 2014 alone, it resolved over 200 charges of discrimination...more

Employment Law - December 2015

NLRB Goes One Step Further, Holds Optional Waiver of Class Action Arbitrations Illegal - Why it matters - Reiterating its stance against arbitration agreements that prohibit class or collective actions, a panel of...more

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