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

EEOC Sues Sushi at the Lake for Disability Discrimination

Cornelius Restaurant Unlawfully Refused to Hire Applicant Because of Amputated Arm, Federal Agency Charges - CHARLOTTE, N.C. - Greenhouse Enterprise, Inc., dba Sushi at the Lake, which operates a restaurant in...more

A Reader Asks: “Is It Me, Or Has Job Interviewing Become Really Complicated?”

Last week, I wrote about the two situations in which an employer should ask an applicant about a disability or a religious belief or practice that might require reasonable accommodation. (As I emphasized last week, 99 percent...more

An Employer Should Never Ask About Disability Or Religion. Except When It Should.

Everybody knows that an employer should never, ever, ever ask an applicant about religion or disability until after a conditional offer of employment has been made. And maybe not even then. Right?...more

BNSF Railway Sued by EEOC for Disability Discrimination

Company Rescinds Offer Due to Applicant's Prior Back Injury, Federal Agency Charges - SEATTLE - Texas-based BNSF Railway Co. violated the Americans with Disabilities Act (ADA) by withdrawing a job offer to a...more

Baker Concrete Construction Sued by EEOC for Disability Discrimination

Federal Agency Charges Concrete Company Refused to Accommodate Payroll Manager, Then Fired Her Because of Disability - HOUSTON - Baker Concrete Construction, Inc. violated federal law by refusing to accommodate and...more

Pflicht zur Mitteilung der Schwerbehinderung durch einen Bewerber

Will ein schwerbehinderter Mensch bei seiner Bewerbung vom besonderen Schutz nach dem SGB IX profitieren, so muss er die Eigenschaft, schwerbehindert zu sein, grundsätzlich im Bewerbungsschreiben mitteilen. Eine solche...more

GAF Materials Corporation Sued by EEOC for Disability Discrimination

Company Refused to Permit Disabled Worker to 'Bump' in a Layoff, Federal Agency Charges - ATLANTA - GAF Materials Corporation, a roofing materials manufacturer headquartered in Wayne, N.J., unlawfully terminated a...more

Major changes in store for Tennessee wrongful discharge law

Last month, Tennessee Governor Bill Haslam signed into law legislation (Public Chapter 995) that will significantly amend the Tennessee Human Rights Act (“THRA”), the Tennessee Public Protection Act (“TPPA”), and the...more

EEOC Sues Rock-Tenn for Disability Discrimination

Human Resources Manager Fired Because of Coronary Artery Disease, EEOC Says - DETROIT - Rock-Tenn Company, a worldwide paper and packaging manufacturer, violated federal law by firing a human resources manager because...more

EEOC Sues McLeod Health for Disability Discrimination

Non-Profit Medical Institution Subjected Employee to Illegal Medical Examinations And Fired Her in Violation of Federal Law, Federal Agency Charges - FLORENCE, S.C. - McLeod Health, Inc., a South Carolina regional...more

Smurfit-Stone Container Corporation Pays $20,000 to Settle EEOC Disability Discrimination Lawsuit

Company Now Known as RockTenn CP, LLC Fired Employee Because of His Disability, Federal Agency Charged - FLORENCE, S.C. - RockTenn CP, LLC formerly known as Smurfit-Stone Container Corporation, will pay $20,000 and...more

Case alert: Failure to interview disabled employee amounted to disability discrimination

In London Borough of Southwark v Charles, the EAT decided that the London Borough of Southwark (the "Borough") had failed in its duty to make reasonable adjustments when it refused to assess by other less formal means the...more

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

MPW Industrial Services Will Pay $37,500 to Settle EEOC Disability Discrimination Lawsuit

Company Fired Laborer Because of Back Impairment, Federal Agency Charged - PITTSBURGH -- MPW Industrial Services Inc., a provider of industrial cleaning, facility management and labor support services, will pay $37,500...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

Dialysis Clinic, Inc. Sued By EEOC For Disability Discrimination

Sacramento Clinic Fired Nurse With Breast Cancer Over Medical Leave, Federal Agency Charges - SACRAMENTO, Calif. -- Nationwide healthcare provider Dialysis Clinic, Inc. (DCI) violated federal law by firing and refusing...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

EEOC Sues Turner Machine Company for Retaliation

Manufacturing Company Fired Engineer for Filing Religious and Disability Discrimination Charge, Federal Agency Says - NASHVILLE, Tenn. - Turner Machine Company retaliated against an employee by firing him because he...more

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