Hiring & Firing 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

Needle and the Damage Done: Pharmacist’s Phobia Not Enough for ADA Claim

Can fear of an aspect of your job constitute a disability under the ADA? Depends on how essential the function is. In Stevens v. Rite Aid Corp, the Second Circuit Court of Appeals looked at the case of a Rite Aid pharmacist,...more

4.5 Million Disability Discrimination Verdict Against Auto Dealer Who Failed to Investigate

A federal jury in Florida has awarded $4.5 million against an auto dealer for claims of disability discrimination under the Florida Civil Rights Act (FCRA). Axel v. Fields Motorcars of Florida, Inc., No. 8:15-cv-893-17JSS...more

Second Circuit Rejects Employee’s Trypanophobia Claim

You don’t need to look for a needle in a haystack to figure out this latest case from the Second Circuit. But you do need to know what “trypanophobia” is....more

Employment News - March 2017 #3

Last minute decider – incapacity dismissal without considering new evidence was disability discrimination - The Court of Appeal in O'Brien v Bolton St Catherine's Academy has reinstated a Tribunal decision that the...more

Court OK’s termination of diabetic employee for misconduct

A recent federal appeals court decision case upheld an employer’s termination of a diabetic employee for misconduct, despite the employee’s argument that her poor work performance was a result of low-blood sugar....more

“I’ll Be Back To Work Soon”: Massachusetts Addresses An Employer’s Obligations When Employee On Leave Gives An Indefinite Return...

Seyfarth Synopsis: On February 5, 2017, in M.C.A.D. v. Country Bank for Savings, the Massachusetts Commission Against Discrimination (“MCAD”) held that an employer engaged in unlawful disability discrimination when it...more

Employee Suspected of Drug Diversion Could Not Establish “Regarded as Disabled” Claim

An appellate court recently affirmed summary judgment in favor of a hospital that terminated the employment of a nurse for diverting medications, rejecting her claim that she had been perceived to be a drug addict by her...more

You Can’t Fire Me for Drug Diversion If I Am Personally Consuming the Drugs

A nurse employed by a major medical center was suspected of illegally diverting medications. When confronted by her employer with evidence of suspicious transactions recorded by the provider’s medication monitoring systems,...more

Employment Law Navigator – Week in Review: March 2017 #2

Last week, Magnolia Health, a California company that operates health care and assisted living facilities, agreed to pay $325,000 and furnish other relief to settle a disability discrimination class action lawsuit. In the...more

“100% Healed From Injury” Policies May Violate the CA Fair Employment and Housing Act

The California Department of Fair Employment and Housing (“DFEH”) recently obtained a settlement on behalf of a custodian for a school district who was fired after an on-the-job injury. As part of the settlement, the...more

New Image Building Services to Pay $16,000 to Settle EEOC Disability Discrimination Suit

Cleaning Company Discharged Employee Because of His Scoliosis, Federal Agency Charged - DETROIT - A privately owned Mt. Clemens, Mich.-based company that provides cleaning services for corporate clients in commercial...more

New Jersey Appellate Division Refuses to Deduct Unemployment Benefits from Employee’s Verdict in Discrimination Suit

In a published decision issued March 6, 2017, the New Jersey Appellate Division held that a trial judge erred by reducing an employee-plaintiff’s back pay award in light of his receipt of unemployment compensation benefits....more

NJ Court Rules That Unemployment Benefits Do Not Offset Back Pay Awards

Seyfarth Synopsis: New Jersey’s Appellate Division determined that an award of unemployment compensation benefits will not offset an award of back pay in cases brought under the New Jersey Law Against Discrimination. ...more

California Employment Law Notes - March 2017

Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things,...more

Magnolia Health Corporation to Pay $325,000 To Settle EEOC Class Disability Discrimination Case

Settlement Resolves Claims for People Who Were Denied Employment or Accommodations Because of Their Disabilities - FRESNO - Magnolia Health Corporation, a Visalia, Calif.-based company that operates health care and...more

Cushman & Wakefield will Pay $100,000 to Settle EEOC Disability Discrimination Lawsuit

Commercial Real Estate Services Company Fired Employee with Breast Cancer, Federal Agency Charged - BALTIMORE - Commercial Real Estate Services Company Cushman & Wakefield will pay $100,000 and furnish significant relief...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

Employee Absenteeism Due to Disability: What are Reasonable Accommodations?

One of the most troubling issues faced by human resource professionals is how to address an employee with a disability that impacts their ability to report for work. A good example is an employee who suffers from episodes of...more

Focus on disability discrimination

Taylor v. Ladbrokes Betting and Gaming Ltd UKEAT/0353/15 concerned whether type 2 diabetes qualifies as a disability under the Equality Act 2010. Mr Taylor suffers from type 2 diabetes. Ladbrokes dismissed him and he...more

Does Long-Term Stress Amount to a Disability?

The Employment Appeal Tribunal (EAT) in Herry v Dudley Metropolitan Council UKEAT/0100/16/LA considered whether an employee’s long-term stress made him disabled for the purposes of U.K. disability discrimination law. Mr...more

Court Labels Employer Post-Offer Medical Examination “Textbook Case” of ADA Regarded As Liability

When used lawfully, post-offer, pre-employment medical examinations can be a powerful tool. But a recent federal district court case demonstrates the importance of carefully implementing such programs...more

Is dismissal for showing an 18-rated film to pupils disability discrimination where an employer does not know the employee's...

This difficult question arose in City of York Council v. Grosset UKEAT/0015/16. Mr Grosset, a teacher and head of English at a school ran by City of York Council, suffered from cystic fibrosis. He was disabled within the...more

Covenant Transport To Pay $30,000 To Settle EEOC Disability Discrimination Suit

Trucking Company Refused To Hire Applicant Because of Inability to Provide a Urine Sample Due to Medical Condition, Federal Agency Charged - CHATTANOOGA, Tenn. - Covenant Transport, Inc., a trucking company based in...more

The “D” in the ADA Still Exists, Court of Appeals Reminds Us

In 2009, Congress passed the Americans With Disabilities Amendments Act (ADAAA), unquestionably expanding the definition of a disability under the ADA and, for all practical purposes in most cases, shifting the focus of...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

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