News & Analysis as of

Hiring & Firing Disability Adverse Employment Action

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 -
Ogletree, Deakins, Nash, Smoak & Stewart,...

Israel’s National Labor Court Ruling Highlights Process for Identifying Accommodations for Disabled Employees

A recent National Labor Court ruling, Shalom Rozenberg v. Givun Imaging Ltd., highlighted the procedures to be followed when considering the termination of employment of individuals with disabilities....more

Parker Poe Adams & Bernstein LLP

ADA Does Not Protect Against Fear of Future Disability

The Americans with Disabilities Act not only provides protections for disabled persons but also those “regarded as” having a disability, even if they are healthy. On September 12, the Eleventh Circuit Court of Appeals (which...more

Ballard Spahr LLP

Massachusetts Top Court Permits Disability Discrimination Claim for Medicinal Cannabis

Ballard Spahr LLP on

The Massachusetts Supreme Judicial Court (SJC) recently held in Barbuto v. Advantage Sales & Marketing, LLC that employees have a viable claim for disability discrimination under state law if they suffer an adverse employment...more

Hogan Lovells

Employment News - June 2017 #2

Hogan Lovells on

Keep it for later – European Court's Advocate General issues Opinion that the right to paid leave can be carried over if employer has not offered it - According to the preliminary Opinion of the European Court in The Sash...more

Seyfarth Shaw LLP

Refusal to Rescind Employee’s Resignation Not an Adverse Employment Action

Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Court of Appeal has held that an employer’s refusal to honor an employee’s rescission of a voluntary resignation is not an adverse employment action under the Fair Employment and Housing Act....more

Bradley Arant Boult Cummings LLP

Jury Sides with FedEx in ADA Failure to Accommodate Case

For those of you who think the Americans with Disabilities Act (ADA) means you have to do whatever a disabled employee wants, I bring good news from of all sources, a jury in California. This case had it all—an employee...more

U.S. Equal Employment Opportunity Commission...

Roto Rooter to Pay $100,000 to Settle EEOC Disability Discrimination Charge

Employer Fired Iraq War Veteran Because of Service-Related Disabilities, Agency Claimed - MINNEAPOLIS -- In a conciliation agreement with the U.S. Equal Employment Opportunity Commission (EEOC), Roto Rooter Services...more

U.S. Equal Employment Opportunity Commission...

Baker Wellness Center Illegaly Fired Employee Because of Disability, EEOC Claims in Lawsuit

Company Openly Stated in Termination Letter That It Fired Employee Due to'Medical Problems' After Learning of Her Diabetes, Federal Agency Charges NEW ORLEANS -- Baker Wellness Center, Inc., a Baton Rouge, La., area adult day...more

Foley & Lardner LLP

Employer’s Super Anti-Harassment Policy May Increase Its Liability

Foley & Lardner LLP on

A federal court in Connecticut recently concluded that a fired employee could have a valid disability harassment claim based on statements prohibiting all harassment contained in the employer’s personnel manual. The company...more

U.S. Equal Employment Opportunity Commission...

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

U.S. Equal Employment Opportunity Commission...

EEOC Sues Wal-Mart for Disability Discrimination

Retailer Rescinded Accommodation, Then Fired Intellectually Disabled Employee, Federal Agency Charges - ROCKFORD, Ill. - The U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit here yesterday against...more

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