Hiring & Firing Americans with Disabilities Act Disability Discrimination

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

Employers: Be Vigilant About ADA Compliance During the Hiring Process

While certain job duties may legitimately require that employers screen applicants and employees for medical conditions, organizations risk violating the Americans with Disabilities Act (ADA) and incurring serious legal...more

How The ADA Impacts Your Hiring

Most employers understand their fundamental obligations under the Americans with Disabilities Act (ADA) to protect against disability discrimination and to provide reasonable accommodations to qualified disabled employees,...more

EEOC Sues Erie Strayer Company for Disability Discrimination

Erie Equipment Supplier Made Unlawful Medical Inquiries and Engaged in Retaliation, Federal Agency Charges - PITTSBURGH - The Erie Strayer Company, an Erie-Pa.-based construction equipment supplier, violated federal...more

Employee Suing Based on Withdrawn Job Offer Must Prove Disabled Status

Once a conditional offer of employment is given, the Americans with Disabilities Act permits employers to require a pre-hire medical exam as a final condition of employment. If the exam reveals medical issues that would...more

Employment Law: The Devil is in the Details

Employment law, perhaps more than other areas of law, is highly fact-specific. A small change in any of the facts will often alter the analysis and outcome of the case. In part, this is because employment relationships are...more

Princeton Healthcare Pays $1.35 Million to Settle Disability Discrimination Suit with EEOC

Hospital Fired Employees After 12 Weeks of Leave, Federal Agency Says - TRENTON, N.J. --- Princeton HealthCare System (PHCS), which operates an inpatient hospital and several outpatient medical facilities, will pay...more

EEOC Sues Baldwin Supply of Minneapolis for Disability Discrimination

Company Refused to Allow Employee to Return After Heart Attack and Fired Him Instead, Federal Agency Charges - MINNEAPOLIS - A Minneapolis-based distributor violated federal civil rights law by not allowing an employee...more

Lifecare Medical Services to Pay $72,500 to Settle EEOC Disability Lawsuit

Employee With MS Denied Accommodation and Fired, Federal Agency Charged - CLEVELAND - Lifecare Medical Services, Inc., an Ohio medical transportation services company, will pay $72,500 and provide other relief in order...more

Can A Failure To Hire Violate ERISA?

A recent decision of the federal district court for the southern district of Ohio raises interesting questions under Employee Retirement Income Security Act of 1974 (ERISA) that might also affect employer liability under the...more

Christian Care Center of Johnson City to Pay $90,000 to Settle EEOC Disability Discrimination Suit

Nursing Home Facility Fired Employee Because of HIV, Federal Agency Charged - JOHNSON CITY, Tenn. - Christian Care Center of Johnson City, Inc., a Johnson City-based nursing home facility, will pay $90,000 and furnish...more

Sneakers Corp / Just Sneakers to Pay $18,000 to Settle EEOC Disability Lawsuit

Legally Blind Veteran Denied Accommodation and Fired, Federal Agency Charged - BIRMINGHAM, Ala. - The Sneakers Corporation, doing business as Just Sneakers, Inc., will pay $18,000 and furnish other relief to settle a...more

Federal Appeals Court Rules for EEOC in its Disability Discrimination Case Against Ford Motor

Agency Charged Automaker Denied Employee the Chance to Telework; Sixth Circuit Agrees Case Should Go Forward - WASHINGTON -- The majority of a panel of judges on the U.S. Court of Appeals for the Sixth Circuit decided...more

EEOC Wins Summary Judgment in American Tool & Mold Disability Case

Court Rules Plastic Mold Maker Unlawfully Used Results of Post-Offer Medical Exam, Falsely Regarding New Hire With Old Back Injury as Disabled - TAMPA, Fla. - In an order issued late Wednesday afternoon, a federal...more

Fenwick Employment Brief - April 2014

Supreme Court Confirms FICA Taxes Must be Withheld from Severance Payments - Finding severance payments to be a form of “remuneration for employment,” the United States Supreme Court in United States v. Quality Stores,...more

Is An Employee Who Is Six Days out of Rehab “Disabled” Under the TCHRA?

The Texas Commission on Human Rights Act (TCHRA) provides that a “current condition of addiction” to alcohol, drugs, or controlled substances is not a covered “disability.” In Melendez v. Houston Independent School District...more

Last Call! Third Circuit Court Of Appeals Rules That Employer Can Terminate Employee For Violating Strict No Alcohol Return To...

The Third Circuit Court of Appeals recently issued a decision holding that an employer's termination of an employee for violating a very broad and restrictive return to work agreement (RWA), which prohibited the employee from...more

Employers, Check Your Weight-Bias: Obesity, Disability, And The Broadened Coverage Of The ADAAA

A study released by the Center for Disease Control in August 2012 estimates that 32 percent of adults in Alabama are obese. Alabama regularly appears in the Top Five of the list of “heaviest states,” currently weighing in at...more

Regions Bank to Pay $95,000 to Settle EEOC Age and Disability Discrimination Lawsuit

Bank Fired Branch Manager Because of Her Age and Disability, Agency Charged - MEMPHIS, Tenn. - Regions Financial Corporation, doing business as Regions Bank, will pay $95,000 and provide injunctive relief to settle a...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

Step Three to Pay $60,000 for EEOC Pregnancy and Disability Discrimination Suit

Hawaii Resort Retailer Disciplined and Fired a Buyer Due to Fertility Treatments and Pregnancy Restrictions, Federal Agency Charged - HONOLULU - Step Three, Ltd., a Hawaiian resort retailer, will pay $60,000 for...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

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

Georgia Power Company Sued by EEOC for Disability Discrimination

Utility Company Prevented Employees From Returning to Work and Refused to Hire Applicants Because of Disabilities, Federal Agency Charged - ATLANTA - An electric utility company headquartered in Atlanta unlawfully...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

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