News & Analysis as of

Hiring & Firing Americans with Disabilities Act Job Applicants

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 -

EEOC alleges medical exams and questionnaires violate ADA, GINA

by McAfee & Taft on

The Americans with Disabilities Act (ADA) limits an employer’s ability to make disability-related inquiries or subject individuals to medical exams. No such inquiries or exams may be made until an offer of employment is made....more

EEOC Sues Norfolk Southern Corporation For Company-Wide Disability Discrimination

Railroad Unlawfully Disqualified Workers Because Of Disabilities, Federal Agency Charges - PITTSBURGH, Pa. - Norfolk Southern Corporation and subsidiary Norfolk Southern Railway Company, a provider of rail-based...more

EEOC Sues Dollar General for Disability And Genetic Information Discrimination

Retail Giant Rescinded Job Offers Based on Disabilities and Demanded Family Medical History During Post-Offer Medical Exams, Federal Agency Charges - BIRMINGHAM, Ala. - Dolgencorp, LLC, dba Dollar General Stores, Inc.,...more

EEOC Sues Hertz for Disability Discrimination

Hertz Refused to Hire Applicant With Most Experience Because He Uses a Cane, Federal Agency Charges - DENVER - The Hertz Corporation unlawfully refused to hire a job applicant due to his mobility impairment, the U.S....more

EEOC Sues Blue Cross/Blue Shield of Texas for Disability Discrimination

Health Care Company Refused to Hire Hearing-Impaired Applicant Because of Her Disability, Federal Agency Charges - DALLAS - BlueCross/Blue Shield of Texas, a Dallas health care company, violated federal law by failing to...more

EEOC Alleges Wood Group Refused to Hire Worker Because of His Disability

Global Offshore Company Refused to Hire Offshore Worker Because of Diabetes, Federal Agency Charged - NEW ORLEANS - Wood Group PSN, Inc., a global company which provides operations and maintenance to the oil,...more

All Star Priority Staffing Sued by EEOC For Disability Discrimination

Phoenix Staffing Agency Subjected Applicants to Invasive Pre-Offer Medical Questionnaire And Screened Applicants on the Basis of Their Responses, Federal Agency Charges - PHOENIX - All Star Priority Staffing, LLC, a...more

Huntington Ingalls Sued By EEOC For Disability Discrimination

Shipyard Refused to Hire a Hearing-Impaired Pipefitter Because He Used Hearing Aids, Federal Agency Charges - NEWPORT NEWS, Va. - Newport News-based shipbuilder Huntington Ingalls Incorporated violated federal...more

Dollar General Sued by EEOC For Disability Discrimination and Retaliation

Portal, Ga., Store Manager Refused to Interview Applicant After Seeing Her Arm in a Sling, Federal Agency Charges - ATLANTA - The owner-operator of a Georgia Dollar General store violated federal law by discriminating...more

Interviewing An Individual With A Visible Disability: From The Employer’s Perspective

by Jackson Lewis P.C. on

In a recent Q&A on the “Ask a Manager” blog, an individual wrote in to say that she had a genetic disorder requiring the use of a cane for walking and ring braces for finger stability. Although she had been public about her...more

Scottsdale Car Dealership to Pay $45,000 To Settle Disability Discrimination Lawsuit

Bell Lexus and The Berge Group Refused to Hire Woman Because of a Prescription Drug She Took for Her Disability, Federal Agency Charged - PHOENIX - Two Scottsdale, Ariz., companies will pay $45,000 and furnish other relief...more

Top 10 Mistakes Employers Make in Employment Applications

Employment applications—almost every employer in the country uses them. They can seem innocuous, but they contain a number of minefields of which employers should be aware....more

EEOC Sues CRST for Disability Discrimination and Retaliation

Trucking Company Refused to Hire Veteran Because He Uses a Service Dog, Federal Agency Charges - JACKSONVILLE, Fla. -- CRST Expedited Inc., a national trucking company, violated federal law when it failed to accommodate,...more

Graceworks Lutheran Services to Pay $30,660 to Settle EEOC Disability Discrimination Lawsuit

Company Refused to Hire Applicant Because of Her Deafness, Federal Agency Charged - LOUISVILLE, Ky. - Graceworks Lutheran Services, a housing and care service provider located in Dayton, Ohio - with over 1,000 employees...more

S&B Industry to Pay $110,000 to Settle EEOC Disability Discrimination Suit

Fort Worth Cellphone Repair Facility Refused to Hire Two Hearing-Impaired Applicants Because of Their Disability, Federal Agency Charged - DALLAS - A Fort Worth cellphone repair facility has agreed to pay $110,000 and...more

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

by Foley & Lardner LLP on

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

Employer Responsibilities re Mental Health Conditions

by Lewitt Hackman on

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 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

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

by Zelle LLP on

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 Releases Guidance on Mental Health Discrimination

by Ballard Spahr LLP on

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

Recent Disability Discrimination Cases Outline Employer Responsibilities

by Ruder Ware on

Two recent decisions regarding disability discrimination have outlined an employer’s responsibilities when dealing with a potential claim of disability and need for accommodation. These decisions offer reminders for...more

Sharp Healthcare To Pay $90,000 To Settle

Job Applicant Seeking a Surgical Technologist Position Was Perceived as Disabled and Denied Employment, Federal Agency Charged - SAN DIEGO - Sharp Healthcare, one of the largest private employers in San Diego County will...more

Sign of the Times: EEOC Settles Case of Employer Failing to Provide ASL Interpreter for Job Interview

A deaf person applies for a job and the employee who takes applications asks you “how can a deaf person do this job?” What if an essential function of the job requires interaction with the public or the ability to communicate...more

McDonald's to Pay $56,500 to Settle EEOC Disability Discrimination Suit

Belton, Mo., Eatery Refused to Interview Deaf Applicant, Federal Agency Charged - ST. LOUIS -- McDonald's Corporation and McDonald's Restaurants of Missouri will pay $56,500 and furnish other relief to settle a...more

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