Hiring & Firing, Disability, Reasonable Accommodation

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

by U.S. Equal Employment Opportunity Commission... on 4/12/2013

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

by David Garland | Epstein Becker & Green, P.C. on 4/5/2013

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

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

by Charlotte Wolfe | Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/28/2013

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

Exhaustion Of Leave Under the Pregnancy Disability Leave Law Does Not Prevent An Employee From Making A Claim Under The FEHA,...

by Michael Newman | Barger & Wolen on 2/26/2013

In Sanchez v. Swissport, the California Court of Appeal, Second Appellate District, determined that an employee who has exhausted all permissible leave available under the Pregnancy Disability Leave Law (PDLL), Gov. Code...more

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

by U.S. Equal Employment Opportunity Commission... on 2/22/2013

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

by Jeff Weintraub | Fisher & Phillips LLP on 2/6/2013

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

by U.S. Equal Employment Opportunity Commission... on 2/4/2013

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

by U.S. Equal Employment Opportunity Commission... on 2/1/2013

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

New York Court Holds That Extended Leave Of Absence May Be A Reasonable Accommodation Under New York City Human Rights Law

by Hema Chatlani, Allison Ianni, Caitlin Senff Ladd, Aaron Warshaw | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/31/2013

LaCourt v. Shenanigans Knits, Ltd., No. 102391/11 (N.Y. Sup. Ct., N.Y. Cty., Nov. 14, 2012): While still employed by defendants, the plaintiff informed her supervisor of her recent breast cancer diagnosis and her decision to...more

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

by Roshni Chaudhari | FordHarrison on 1/18/2013

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

by U.S. Equal Employment Opportunity Commission... on 1/18/2013

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

California Employment Law Notes - January 2013

by Harold Brody, Enzo Der Boghossian, Anthony Oncidi, Kenneth Sulzer, Mark Theodore | Proskauer Rose LLP on 1/14/2013

In This Issue: - $1.347 Million Award To Former General Counsel For Breach Of Implied Contract Is Upheld - Faigin v. Signature Group Holdings, Inc., 211 Cal. App. 4th 726 (2012) - $114,000 Pregnancy...more

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

by Jackie Wernz | Franczek Radelet P.C. on 1/8/2013

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

EEOC Sues Camden Place Health & Rehab, LLC for Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 12/31/2012

Nursing Home Failed to Provide Certified Nursing Assistant with Reasonable Accommodation and Discharged Her Because of Her Disability, Federal Agency Charges - GREENSBORO, N.C. - Camden Place Health & Rehab, LLC, a ...more

Doing Business in Canada: Employment & Labour

by Bennett Jones LLP on 10/18/2012

The relationship between an employer and an employee in Canada is heavily regulated. All jurisdictions in Canada – both federal and provincial - have enacted legislation (statutes and regulations) governing various aspects of...more

An Indefinite Exemption From The Essential Functions Of A Job Is Not A Reasonable Accommodation Under The ADA

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/27/2012

An issue that confounds employers on a regular basis is whether the discharge of an employee who is unable to return to work after a medical leave will violate the American with Disabilities Act (ADA). Most employers...more

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Hiring & Firing › Disability › Reasonable Accommodation