News & Analysis as of

Hiring & Firing › Undue Hardship › Americans with Disabilities Act (ADA)

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 -
Genova Burns LLC

What Employers Should Know About The EEOC’s Final Rule On The Pregnant Workers Fairness Act

Genova Burns LLC on

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued its final rule interpreting and providing guidance on the Pregnant Workers Fairness Act (PWFA)....more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Nonprofit for Disability Discrimination

U.S. Equal Employment Opportunity Commission... on

Nonprofit Denied Accommodations to Deaf and Hard-of-Hearing Employees and Fired Employees Who Requested Medical Leave, Federal Agency Charges - WASHINGTON - Didlake, Inc. a government contractor that provides janitorial...more

Foley Hoag LLP

EEOC Proposes Regulations for Implementing the Pregnant Workers Fairness Act

Foley Hoag LLP on

On August 7, 2023, the EEOC issued a Notice of Proposed Rulemaking containing its proposed regulations for implementing the PWFA. The PWFA was signed into law by President Biden on December 29, 2022 and went into effect on...more

Troutman Pepper

Accommodation Requirements for Pregnant Employees Are Similar to ADA Protections

Troutman Pepper on

Q: Does the federal Pregnant Workers Fairness Act (PWFA) require workplaces to change their accommodation and leave practices in a significant way?...more

Foley & Lardner LLP

Don’t Let a Focus on Legal Rights Crowd Out Options that Lower Risks

Foley & Lardner LLP on

This may seem surprising coming from a lawyer. But, if you focus solely on legal rights and obligations, you may not be taking full advantage of opportunities to lower legal risks. Knowing “what’s legal” is an important...more

Womble Bond Dickinson

N.C. Federal Court Allows Former Employee’s Disability Claims to Proceed to Trial

Womble Bond Dickinson on

A North Carolina federal trial court recently denied an employer’s request to dismiss a former employee’s disability discrimination and retaliation claims under the Americans with Disabilities Act (“ADA”). The case provides a...more

Jackson Walker

Religion and The Workplace (Presentation)

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...more

U.S. Equal Employment Opportunity Commission...

Dignity Health Sued by EEOC For Disability Discrimination

U.S. Equal Employment Opportunity Commission... on

Agency Alleges Employer Fired Longtime Employee with Vision Loss - REDDING, Calif. - Dignity Health, operating Mercy Medical Center in Redding, Calif., violated federal law when it refused to provide accommodations to...more

U.S. Equal Employment Opportunity Commission...

St. Vincent Hospital to Pay $15,000 to Settle EEOC Disability Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on

Company Refused Transfer as a Reasonable Accommodation, Federal Agency Charged - INDIANAPOLIS - St. Vincent Hospital and Health Care Center, Inc. will pay $15,000 and furnish other relief to resolve a lawsuit disability...more

U.S. Equal Employment Opportunity Commission...

Heritage Home Group to Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on

Home Furnishings Company Denied Accommodation to and Fired Employee, Federal Agency Charged - CHARLOTTE, N.C. - Heritage Home Group, LLC, a North Carolina corporation that designs, manufactures, sources and retails home...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Walmart For Disability Harassment

U.S. Equal Employment Opportunity Commission... on

Giant Retailer Refused to Accommodate Disabled Employee by Reassigning Her to a Nearby Store, Federal Agency Charges - BANGOR, Maine - Walmart, Inc. violated federal law by failing to reassign a long-term employee to a...more

Parker Poe Adams & Bernstein LLP

Supreme Court Declines Review of Seventh Circuit ADA Leave Decision

Parker Poe Adams & Bernstein LLP on

Last year, we reported a Seventh Circuit Court of Appeals decision establishing a rule that leave of more than a few weeks in duration falls outside employers’ reasonable accommodation obligations under the Americans with...more

Holland & Hart - Employers' Lawyers

Five Tips For Handling Tricky Religious Accommodations

Holland & Hart - Employers' Lawyers on

When an employee’s religious beliefs conflict with a workplace policy, you need to consider whether a reasonable accommodation can be made, without creating an undue hardship. Many times, these religious accommodations...more

FordHarrison

California Federal Court Says Employers Need Not Approve Multiple Leaves of Absence Where an Employee was Totally Disabled and...

FordHarrison on

The Southern District Court of California, in Ruiz v. ParadigmWorks Group, Inc., held that an employer was not at fault for failing to grant an employee’s request for multiple medical leaves of absence where the employee was...more

U.S. Equal Employment Opportunity Commission...

EEOC Files Disability Discrimination Lawsuit Against Heritage Home Group

U.S. Equal Employment Opportunity Commission... on

Home Furnishings Company Denied Accommodation to and Fired Employee, Federal Agency Charges - CHARLOTTE, N.C. - Heritage Home Group, LLC (Heritage Home), a North Carolina corporation that designs, manufactures, sources...more

U.S. Equal Employment Opportunity Commission...

AccentCare to Pay $25,000 To Settle EEOC Disability Discrimination Suit

U.S. Equal Employment Opportunity Commission... on

Health Care Provider Refused to Grant Employee a Reasonable Accommodation, Federal Agency Charged - DALLAS - AccentCare, Inc., a home healthcare company headquartered in Dallas, has agreed to pay $25,000 and provide other...more

Foley & Lardner LLP

Seventh Circuit Puts the Brakes on Never-ending Leave Under the ADA

Foley & Lardner LLP on

Employers everywhere have been repeatedly warned not to automatically terminate employees who have exhausted their Family and Medical Leave Act (FMLA) leave. Instead, employers should first consider whether the employee might...more

Parker Poe Adams & Bernstein LLP

Shielding Teacher From Unruly Students Not ADA Reasonable Accommodation

Parker Poe Adams & Bernstein LLP on

Sometimes employers face requests for reasonable accommodation that do not cost much, but which would materially interfere with the employee’s ability to get their work done. Under the Americans with Disabilities Act (ADA),...more

Franczek P.C.

Can We Lawfully Terminate an Employee After He Submits a Vague Doctor's Note Seeking an Extension of Leave? In a Word, Yes.

Franczek P.C. on

An employee’s 12 weeks of FMLA leave has exhausted, and over the past several weeks, he’s provided you a series of vague doctor’s notes typically containing nothing more than a one-liner extending his medical leave of absence...more

Franczek P.C.

Can An Indefinite Leave Of Absence Be A Reasonable Accommodation?

Franczek P.C. on

One of the most difficult issues an HR professional or in-house employment counsel faces is how to deal with an employee who cannot return to work after FMLA leave expires. Is additional leave required? ...more

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