Hiring & Firing Disability 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

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

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

Federal Contractors Should Prepare for New Hiring Burdens to Take Effect in Early 2014

On August 27, 2013, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced Final Rules establishing new regulations under Section 503 of the Rehabilitation Act and the Vietnam Era...more

OFCCP Publishes New Affirmative Action Requirements For Protected Veterans And Individuals With Disabilities - What Federal...

On August 27, 2013, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced Final Rules that make changes to the regulations implementing the Vietnam Era Veterans’ Readjustment...more

Contractors Beware: New Regulations Impose Additional Affirmative Action Burdens

The Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) issued new regulations governing the recruiting and hiring of individuals with disabilities and veterans. See 41 CFR Part 60-741 and 41 CFR...more

New Affirmative Action Rules for Federal Contractors

On August 27, the U.S. Department of Labor announced two significant final rules governing affirmative action. The Office of Federal Contract Compliance Programs (OFCCP) administers affirmative action requirements that...more

OFCCP's Veterans' and Individuals with Disabilities' Final Regulations Impose New Obligations on Federal Contractors and...

On August 27, 2013, the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) issued a pre-release of the final version of its revised affirmative action regulations for protected veterans and...more

EEOC Sues MPW Industrial Services For Disability Discrimination

Company Fired Laborer Because of Back Impairment, Federal Agency Charges - PITTSBURGH -- MPW Industrial Services, a provider of industrial cleaning, facility management and labor support services, fired an employee...more

EEOC Sues Management Consulting Company for Disability Discrimination

Bookkeeper Dismissed Due to Vision Impairment, Agency Charges - SAN JOSE, Calif. - San Jose-based enterprise Riviera Consulting & Management Consulting, LLC, violated federal law when it failed to accommodate an...more

Supreme Court's Refusal To Hear Appeal Suggests Companies Must Transfer Newly Disabled Employees To Open Positions As A Reasonable...

This week, the U.S. Supreme Court refused to review EEOC v. United Airlines, Inc., a Seventh Circuit decision (which overruled its prior precedent) holding that the Americans with Disabilities Act ("ADA") obligates employers...more

EEOC Sues Wal-Mart for Sexual Harassment, Retaliation and Disability Discrimination

Developmentally Disabled Walmart Employee in Akron Store Fired for Complaining About Sexual Touching, Federal Agency Charges - CLEVELAND - Wal-Mart Stores East, L.P. violated federal law by allowing a male employee...more

Take 5 Newsletter: EEOC Update; Intern Wage and Hour Claims; NLRB Quorum; Unemployment Discrimination; Social Media Passwords

EEOC Releases Letter Addressing Wellness Programs and Reasonable Accommodation Obligations - In a letter issued recently by the Equal Employment Opportunity Commission ("EEOC"), Peggy Mastroianni, the agency's Legal Counsel,...more

Are You Considering Conditioning A Job Offer On An Agreement That The Applicant's Disabled Dependent Won't Enroll In The Health...

Traditional employment laws often interact with traditional employee benefit laws. One such example is the Americans with Disabilities Act (ADA)'s impact on employer-sponsored group health plans. As group health plan costs...more

Employers Beware: Anything Short of a Robust Attempt to Engage in Interactive Process Might Preclude Summary Judgment

Several recent cases in the Sixth Circuit Court of Appeals remind employers that their obligation to engage in the interactive process is an increasingly onerous one. First, in Keith v. County of Oakland, No. 11-2276 (6th...more

REDC Default Solutions to Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

Company Fired Texas Woman Over Post-Stroke Condition, Federal Agency Charged - DALLAS - An Irvine, Calif.-based company will pay $50,000 and furnish other relief to settle a disability discrimination lawsuit brought by...more

Labor Letter, February 2013: How To Weigh Obesity In Employment Decisions

Imagine you are the Hiring Manager for a distribution warehouse and have just begun interviewing applicants for a materials handler position. The first candidate enters the room, standing at a height of 5’4”, weighing more...more

Kintetsu International Express to Pay $77,500 to Settle EEOC Disability Harassment, Retaliation Suit

Supervisor Constantly Degraded Tour Coordinator with Arthritis, Then Forced Her and Co-Worker Out for Reporting Harassment, Federal Agency Charged - HONOLULU, Hawaii - Kintetsu International Express (USA), Inc. - a...more

America's Thrift Stores Pays $50,000 to Settle EEOC Disability Discrimination Suit

Company Refused to Accommodate Employee With Joint Condition And Then Fired Her, Federal Agency Charged - BIRMINGHAM, Ala. - America's Thrift Stores of Alabama, Inc. will pay $50,000 and furnish other relief to settle...more

Legal Alert: Deaf Lifeguard's Disability Claims Against Oakland County Go To Jury

The Sixth Circuit has reversed the decision of a lower court and held that a deaf individual should be permitted to proceed to trial on his claim that a prospective employer discriminated against him on the basis of...more

EEOC Sues Womble Carlyle for Disability Discrimination

Law Firm Fired Employee Because of Her Lymphatic Condition, Federal Agency Charges - WINSTON-SALEM, N.C. - Womble Carlyle Sandridge & Rice, LLP, a law firm with offices primarily in the southeastern United States,...more

EEOC Sues Fidelity Engineering Corporation for Disability Discrimination and Retaliation

HVAC Company Fired Employee Because of Heart Condition and Refused to Rehire Him After He Filed a Discrimination Charge, Federal Agency Said - BALTIMORE - A leading provider of mechanical heating, ventilation and air...more

McCormick & Schmick’s to Pay $47,814 to Settle EEOC Disability Discrimination Lawsuit

Deaf Prep Cook at National Harbor Restaurant Demoted, Harassed, Retaliated Against and Fired, Federal Agency Charged - BALTIMORE - McCormick & Schmick's Seafood Restaurant, Inc. will pay $47,814 and provide other...more

J.A. Thomas & Assoc. Agrees to Pay $350,000 to Settle EEOC Disability Discrimination Suit

Health Care Consulting Firm Refused to Rehire Bilateral Amputee, Federal Agency Charged - DETROIT-The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it has resolved its suit against J.A....more

Disabled Substitute Teacher Applicant Raises Some Adequate Claims Against Illinois School District

A federal trial court in Chicago recently decided that a disabled applicant for a substitute teacher position at Zion School District No. 6 alleged sufficient facts against the District to proceed with a lawsuit against it....more

Dayton Superior Corporation to Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

Federal Agency Charged Company Fired Employee Because of Her Bipolar Disorder - ATLANTA - Dayton Superior Corporation, a nationwide provider of concrete and masonry construction products, will pay $50,000 to settle a...more

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