Hiring & Firing Americans with Disabilities Act

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
News & Analysis as of

Diallo’s Of Houston to Pay $139,366 to Resolve EEOC Disability Discrimination Lawsuit

Nightclub Made Unlawful HIV Medical Inquiry, Then Fired Employee, Federal Agency Charged - HOUSTON - The U.S. Equal Employment Opportunity Commission (EEOC) announced today that Diallo's of Houston, a Houston-area...more

Stepping Out of the Shadows: Accommodating Mental Health Issues in the Workplace

2016 brought about a host of changes for employers, including new political leaders, ever-changing technology, and new and more open dialogue on a variety of different issues. Aside from politics, perhaps one of the biggest...more

Workplace Policy Institute Insider Report - January 2017

Littler's Workplace Policy Institute Insider Report details notable labor, employment, and benefits news and events at the federal, state, local, and global levels. The January edition of the Insider Report reviews what...more

Employee’s ADA and FMLA Claims Survive Summary Judgment After Leaving Work Early To Go To Hospital

In Knight v. Barry Callebaut USA Service Company, Inc., the United States District Court of the Eastern District of Pennsylvania denied an employer’s motion for summary judgment on claims brought by a terminated employee...more

A Particular Challenge: Managing Mental Disability in the Workplace

Understanding disability discrimination and reasonable accommodation is a challenge for employers, and particularly for the in-house counsel and HR professionals who must manage disability issues in the workplace. As you...more

Employee Benefits Developments - December 2016

The Employee Benefits practice group is pleased to present the Benefits Developments Newsletter for the month of December, 2016. Certain Captive Arrangements Are No Longer Under the Radar - Notice 2016-66, released...more

Employer Responsibilities re Mental Health Conditions

The Equal Employment Opportunity Commission recently issued a “User-Friendly Document” explaining the rights of job applicants and employees with mental health conditions. In doing so, the EEOC has confirmed that individuals...more

EEOC Issues Guidance on Mental Health Discrimination and Reasonable Accommodations

On December 12, 2016, the EEOC issued a resource document, titled “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights,” reminding employers of workplace rights for employees and applicants...more

Apply Here! (with Everyone Else): ADA Does Not Mandate Noncompetitive Reassignment

When you can’t reasonably accommodate a disabled employee in the current position, do you have to give the employee a vacant position or can you follow your usual, competitive process? In EEOC v. St. Joseph’s Hospital, Inc.,...more

Court: Employees Seeking Accommodation Must Compete For Reassignment - Split In Circuits Could Lead To Supreme Court Intervention

The 11th Circuit Court of Appeals ruled that a disabled worker forced to leave her position because of her physical impairment must compete for vacant jobs when seeking reassignment, handing a victory to her former employer....more

EEOC Provides Guidance Outlining Protections for Applicants and Employees with Mental Health Conditions

On December 12, 2016, the United States Equal Employment Opportunity Commission (EEOC) issued an informal resource document which serves to remind employers of protections afforded to applicants and employees who suffer from...more

Reassignment to a Vacant Position Under the ADA: Eleventh Circuit Concludes the Best Candidate Gets the Job - But What About...

Earlier this month, the United State's Court of Appeals for the Eleventh Circuit, in EEOC v. St. Joseph's Hospital, Inc., announced that the Americans with Disabilities Act does not, as a reasonable accommodation, require the...more

EEOC Sues Camp Corporation for Sex and Disability Discrimination

Federal Agency Says Worker was Twice Sued by Former Employer in Retaliation for Her Opposing Discrimination and Filing an EEOC Charge - HOUSTON - Carolina Creek Christian Camp, Inc. (CCCC), which operates a facility 90...more

EEOC Reminds Employers that Mental Health Conditions Are Covered by the ADA

On December 12, 2016, the EEOC issued a guidance document discussing workplace rights for individuals diagnosed with mental health conditions under the Americans With Disabilities Act. The EEOC noted that in 2016, the agency...more

Cheesecake Factory Sued by EEOC for Disability Discrimination

Restaurant Denied Deaf Employee Appropriate Training and Accommodation, Then Fired Him, Says Federal Agency - SEATTLE, Wash. - Restaurant giant The Cheesecake Factory, Inc., and its wholly owned subsidiary violated...more

Eleventh Circuit Holds the ADA Does Not Mandate Reassignment Without Competition or Preferential Treatment

In EEOC v. St. Joseph’s Hospital, the Eleventh Circuit recently held that the reasonable accommodation standard under the ADA “only requires an employer allow a disabled person to compete equally with the rest of the world...more

What Does Florida's New Medical Marijuana Law Mean for Employers?

As employers in Florida prepare for the new year, many may wonder how Florida’s new medical marijuana law will impact them. In the November 2016 election, Florida as well as Arkansas, North Dakota and Montana all approved...more

Top 5 HR resolutions for not getting sued in 2017

As 2016 draws to a close, each of us will likely take time to reflect on what we hope to achieve in the coming year. In my case, this reflection usually involves resolving to be happier and more productive and reduce my carb...more

Employment Law Navigator – Week in Review: December 2016 #3

Last week, the EEOC issued a publication on the rights of job applicants and employees with mental health conditions, along with a companion document addressing the mental health provider’s role in reasonable accommodations...more

EEOC Issues Guidance on Mental Health Conditions in the Workplace

On December 12, 2016, the Equal Employment Opportunity Commission (EEOC) published a resource document titled, “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights,” which summarizes the...more

EEOC Issues Publication Informing Job Applicants and Employees with Mental Health Conditions of their Employment Rights

On December 12, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued a user-friendly resource document aimed at informing applicants and employees with mental health conditions about their workplace rights...more

A Review of the EEOC's Systemic Initiative: Tracking its Progress, Current Priorities, and Key Developments in FY 2016

On November 16, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued its annual Performance and Accountability Report, which highlights key EEOC developments over the past fiscal year, ending September 30,...more

EEOC Releases Guidance on Mental Health Discrimination

The Equal Employment Opportunity Commission (EEOC) has issued guidance reminding employers that it is illegal under the Americans with Disabilities Act (ADA) and other laws to discriminate against an employee simply because...more

EEOC Issues Publication on the Rights of Job Applicants and Employees With Mental Health Conditions

User-Friendly Document Explains Workplace Protections Under the Americans with Disabilities Act - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today issued a resource document that explains...more

Workplace Policy Institute Insider Report - December 2016

Littler's WPI Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The December edition of the Insider Report discusses recent efforts to block...more

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