Hiring & Firing 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 -
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TIMING MATTERS: Why an Employee Medical Exam is the Last Step in the Hiring Process

You craft and post a job description that is poetry. It generates a flurry of applications. You are so popular that you have your pick of potentially qualified employees for the position. You sift through the applications and...more

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

Last Call! Third Circuit Court Of Appeals Rules That Employer Can Terminate Employee For Violating Strict No Alcohol Return To...

The Third Circuit Court of Appeals recently issued a decision holding that an employer's termination of an employee for violating a very broad and restrictive return to work agreement (RWA), which prohibited the employee from...more

Employee Fired for Sleeping on the Job Is Entitled To A Jury Trial Because Employer Should Have Considered Its ADA Obligations...

In Spurling v. C&M Fine Pack, Inc., the employee received three write-ups for performance and a final warning with a suspension for sleeping in the bathroom while working on the night shift. Subsequently, Spurling’s...more

Is An “Unlimited” Leave Policy Good Business For You?

A growing number of businesses are considering “unlimited” leave policies for their exempt employees. Unlimited leave policies are excellent recruiting and retention tools that can foster a culture of trust and productivity...more

How Will Marijuana Legalization In Colorado & Washington Affect Employers?

Employers are not required to accommodate an employee’s current use of illegal drugs, including marijuana. Moreover, under the Americans with Disabilities Act, an employer can prohibit the illegal use of drugs (including...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

Regions Bank to Pay $95,000 to Settle EEOC Age and Disability Discrimination Lawsuit

Bank Fired Branch Manager Because of Her Age and Disability, Agency Charged - MEMPHIS, Tenn. - Regions Financial Corporation, doing business as Regions Bank, will pay $95,000 and provide injunctive relief to settle a...more

Beverage Distributors Ordered to Pay About $200K and Hire Sight-Impaired Employee in EEOC Disability Discrimination Suit

Jury Found Company Violated Federal Law by Shunning Legally Blind Applicant - DENVER - In a disability lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), a federal court in Denver has ordered...more

Step Three to Pay $60,000 for EEOC Pregnancy and Disability Discrimination Suit

Hawaii Resort Retailer Disciplined and Fired a Buyer Due to Fertility Treatments and Pregnancy Restrictions, Federal Agency Charged - HONOLULU - Step Three, Ltd., a Hawaiian resort retailer, will pay $60,000 for...more

Oakland Children's Hospital Sued by EEOC for Disability Discrimination

Medical Center Fired Employee with Breast Cancer, Federal Agency Charged - OAKLAND, Calif. - An Oakland-based non-profit regional medical center violated federal law when it failed to accommodate and instead fired an...more

Alorica Pays $135,000 to Settle EEOC Disability Discrimination Suit

Company's Predecessor Unlawfully Fired Employee With Bipolar Disorder and Depression While on Short-Term Disability Leave, Federal Agency Charged - ATLANTA - Alorica Inc., a telesales and data services company that...more

Should Employers Test Applicants’ Integrity? The EEOC Discusses “Integrity Testing”

Employers often associate a lack of integrity with counterproductive workplace behaviors, including theft and workplace violence. As a result, employers may be tempted to subject employees and applicants to so-called...more

Can An Indefinite Leave Of Absence Be A Reasonable Accommodation?

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

Firing Alcoholic Employee for Relapse Is Not ADA Violation, Third Circuit Holds

The U.S. Court of Appeals for the Third Circuit has ruled that a freight transportation company did not violate the Americans with Disabilities Act (ADA) and other antidiscrimination laws when it fired an alcoholic employee...more

Supervisor’s Failure To Engage In Interactive Process With Disabled Employee May Convert Employee’s Resignation Into Constructive...

In a case recently decided under the Americans with Disabilities Act (ADA)—Suvada v. Gordon Flesch Company, Inc.—a federal district court in Chicago allowed a production clerk’s claim for constructive discharge against her...more

Georgia Power Company Sued by EEOC for Disability Discrimination

Utility Company Prevented Employees From Returning to Work and Refused to Hire Applicants Because of Disabilities, Federal Agency Charged - ATLANTA - An electric utility company headquartered in Atlanta unlawfully...more

EEOC Sues Bank of America for Disability Discrimination Against Deaf Worker

Bank Giant Repeatedly Denied Worker's Requests for a Sign Language Interpreter, Then Fired Her, Federal Agency Charges - LAS VEGAS - Bank of America Corporation, one of the country's largest financial institutions,...more

Caddell Construction to Pay $125,000 to Settle EEOC Disability Discrimination Suit

Construction Contractor Did Not Provide a Reasonable Accommodation and Terminated the Employee, Federal Agency Charged - BIRMINGHAM, Ala. - Montgomery-based Caddell Construction Company, a major national general...more

Employers Must Be Careful Before Concluding That An Employee's Condition Presents A "Direct Threat" To The Safety Of The Employee...

In EEOC v. Rexnord Industries, LLC, a federal district court in Milwaukee held that a jury must decide whether Rexnord properly discharged the plaintiff, a manufacturing plant assembler, based on a company doctor’s...more

Parker Drilling Sued by EEOC for Disability Discrimination

Company Rejected Worker Blind in One Eye, Federal Agency Charges - ANCHORAGE, Alaska - An Alaska-based oil drilling company refused to hire a worker who is blind in one eye in violation of federal law, the U.S. Equal...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

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