Hiring & Firing Reasonable Accommodation

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

Recent Disability Discrimination Cases Outline Employer Responsibilities

Two recent decisions regarding disability discrimination have outlined an employer’s responsibilities when dealing with a potential claim of disability and need for accommodation. These decisions offer reminders for...more

Employment Newsletter - Fall 2016

Over the last five years, members of the LGBTQ community have had much to celebrate as traditional barriers to equality have been knocked down one-by- one by the federal government. In 2010, the Patient Protection and...more

Appearance code quiz for employers!

How much can you do – and not do – about your employees’ personal appearance and grooming? Take this quiz and find out! As usual, I’ll have the answers at the end, so if you get one wrong, no one but you will know....more

Employers May Need To Offer Accomodations To Job Applicants And EMPLOYEES Even If They Do Not Ask For An Accomodation

Most employers maintain either formal or informal grooming and appearance policies. These policies address the employee’s personal appearance while at work including hairstyle, jewelry, tattoos, piercings, head coverings and...more

Safeway Will Rehire Store Clerk and Pay $27,000 to Settle EEOC Disability Discrimination Lawsuit

Grocery Store Fired Clerk Based on Disability, Federal Agency Said BALTIMORE - Safeway, Inc. will pay $27,000 in monetary damages and furnish significant equitable relief, including returning an employee to work, to...more

What’s an “Implied” Request for an ADA Reasonable Accommodation?

Seyfarth Synopsis: A divided panel of the Eighth Circuit recently decided that an employer may be required to assume or infer from the circumstances that an employee is seeking a reasonable accommodation – even when no...more

Do Employers Need to Accommodate if the Employee Does Not Ask?

Most employers are aware of their obligation to explore reasonable disability accommodations when an employee asks for such a measure. But, what if the employee never asks? A new decision out of the United States Court of...more

Sign of the Times: EEOC Settles Case of Employer Failing to Provide ASL Interpreter for Job Interview

A deaf person applies for a job and the employee who takes applications asks you “how can a deaf person do this job?” What if an essential function of the job requires interaction with the public or the ability to communicate...more

Don’t Lose Sleep Over It…Yet

Seyfarth Synopsis: Do employers have to let employees sleep on the job as a reasonable accommodation for a disability? While far from being decided, a recent federal case in the Southern District of New York addresses the...more

How does Pennsylvania’s new medical marijuana law compare to NJCUMMA?

Recently, I participated in a panel discussion for the Greater Lehigh Valley Chamber of Commerce’s 2016 Healthcare Summit. The discussion focused on the workplace implications of Pennsylvania’s medical marijuana law, which...more

McDonald's to Pay $56,500 to Settle EEOC Disability Discrimination Suit

Belton, Mo., Eatery Refused to Interview Deaf Applicant, Federal Agency Charged - ST. LOUIS -- McDonald's Corporation and McDonald's Restaurants of Missouri will pay $56,500 and furnish other relief to settle a...more

Fifth Circuit Flips Grant Of Summary Judgment Against EEOC in ADA Case

Seyfarth Synopsis: In an ADA action regarding disability discrimination, the Fifth Circuit reversed a District Court’s grant of summary judgment in favor of the employer and against the EEOC, noting that even though the...more

Extended Leave Under the ADA: Necessary Next Steps to Consider

Earlier this summer, I wrote an article for the July issue of our firm's L&E Newsletter, surveying cases on when an employee's request for extended medical leave is, and is not, a reasonable accommodation under the ADA. As...more

Gambling With The EEOC

Seyfarth Synopsis: A seemingly innocuous case filed by the EEOC on behalf of a single charging party against a casino operator highlights some of the risks of betting at the conciliation table. Employers take note! As...more

Peanut Passions, The ADA, And Co-Workers Who Take An Employee’s Allergy With A Grain Of Salt

Karla Miller of the “WorkAdvice” column in the Washington Post had a doozy last week. I’m going to assume that all the people involved in this story are female. I’m probably wrong, but that will allow me to make up fake...more

Greektown Casino Sued By EEOC For Disability Discrimination

Employer Failed to Grant Leave Extension for Employee With Stress-Anxiety Disorder And Fired Him Instead, Federal Agency Charges - DETROIT - A Detroit casino operator violated federal law by denying a reasonable...more

Harrison Poultry to Pay $100,000 to Settle EEOC Disability Discrimination Lawsuit

Poultry Company Fired Manager While on Approved Leave, Federal Agency Charged - ATLANTA - Harrison Poultry, Inc., a poultry hatchery located in Bethlehem, Ga., will pay $100,000 and furnish other relief to settle a...more

7-Eleven Sued By EEOC for Disability Discrimination

Oklahoma Chain Unlawfully Denied Reasonable Accommodations to Workers with Disabilities and Fired Them, Federal Agency Charges - ST. LOUIS - Brown-Thompson General Partnership, dba 7-Eleven, a chain of Oklahoma...more

What qualifies as a ‘request for accommodation’ under the ADA?

Reasonable Accommodations - According to the Equal Employment Opportunity Commission (EEOC), “Title I of the Americans with Disabilities Act of 1990 [ADA] . . . requires an employer to provide reasonable accommodation to...more

Disability Discrimination and Protection of Pay

In G4S Cash Solutions (UK) Ltd v Powell UKEAT/0243/15, the Employment Appeal Tribunal (EAT) considered whether reducing an employee’s pay amounted to disability discrimination. Mr Powell could longer perform his role as...more

EEOC Continues its “Fight” Against Mandatory Flu Vaccines

Following up on a post from last week on the issue of mandatory flu vaccine policies, the EEOC seems to be on a march to challenge any employer – particularly hospitals – that denies an employee a requested exemption from a...more

When to Say When? Fifth Circuit Rules on When an Accommodation Isn’t Working

In a published opinion, the Fifth Circuit has held that an employee’s poor performance in a light-duty position can relieve the employer from any further obligation to find a reasonable accommodation under the Americans with...more

EEOC Sues M&T Bank for Disability Discrimination

Bank Fired Manager Instead of Accommodating Her Disability, Federal Agency Says - BALTIMORE - Manufacturers and Traders Trust Company, doing business as M&T Bank, violated federal law when it refused to provide a...more

Jury in EEOC Suit Says Dollar General Must Pay Former Employee Over $277,565 For Disability Discrimination

Diabetic Employee Fired After Drinking Orange Juice to Stop Attack - KNOXVILLE, Tenn. - A federal jury has found in favor of the U.S. Equal Employment Opportunity Commission (EEOC) in a federal disability discrimination...more

‘Tis The Season for Sneezin’ – Where Does The Law Stand On Mandatory Flu Vaccines?

Fall is in the air – when the air becomes crisp, our thoughts turn to Halloween, turkey and — thanks to constant reminders — and our annual flu vaccine. Many health care facilities have implemented policies which...more

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