News & Analysis as of

Direct Optical to Pay $53,000 to Settle Disability Discrimination Suit

Farmington Hills Optical Store Fired Employee Because of Request for Service Dog, Federal Agency Charged - DETROIT - Direct Optical, Inc., an optical store in Farmington Hills, Mich., will pay $53,000 and furnish other...more

Court: Regular Attendance Is an Essential Job Function

Americans with Disabilities Act (ADA) compliance can be challenging, as employers attempt to decipher whether a specific situation falls under the definitions of the law, such as when they must provide accommodations to an...more

You May Think They Are Disabled But That Doesn’t Mean You “Regarded“ Them as Disabled

While the 2008 amendments to the Americans with Disabilities Act (“ADA”) made it easier for employees to state a claim that he or she was “regarded as” having a disability, a recent decision from a federal court highlights...more

EEOC Sues Nick's Restaurant for Disability Discrimination, Sexual Harassment, Retaliation

Restaurant/Sports Bar Revoked a Reasonable Accommodation for a Disabled Server and Fired Her After She Complained, Federal Agency Charges - HOUSTON - PNS Investments, Inc. operating as Nick's Restaurant and Sports Bar,...more

Temporary Accommodation Does Not Waive ADA "Essential Functions" Defense

Good employers often attempt to provide support for employees who are facing personal issues. Such was the case when Selena Hancock developed a nerve condition that prevented her from lifting more than 20 pounds. Although an...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

Employment Newsletter - February 2014: Telecommuting as a Reasonable Accommodation: A Remote Possibility?

In recent years, many employers have shied away from telecommuting programs and arrangements, believing employees cannot perform their jobs as effectively from home or be adequately supervised while working remotely. Disputes...more

EEOC Increased Focus on ADA Enforcement in 2013

Last year was a busy one for the U.S. Equal Employment Opportunity Commission (EEOC), according to a report by the law firm Seyfarth Shaw LLP. During the fiscal year ending September 30, 2013, the EEOC sharpened its focus on...more

Employment Newsletter - January 2014: Employers Prevail Among the Haze of Growing Medical Marijuana Laws

On January 1, 2014, Illinois became the 21st jurisdiction since 1996 to enact legislation to decriminalize the use of marijuana for medical purposes. The other jurisdictions are Alaska, Arizona, California, Colorado,...more

Take 5 Newsletter: An Employer's "Top 5" Action Items for 2014

It's December, and human resources professionals and law departments are reflecting on the issues addressed in 2013 and giving thanks for incident-free holiday parties. But the big question is this: What issues should get...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

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

EEOC Sues Saint Joseph’s Hospital for Disability Discrimination

Hospital Refused to Accommodate Nurse's Disability, Refused to Reassign, Then Terminated Her, Federal Agency Charged - TAMPA, Fla. - Saint Joseph's Hospital, part of the BayCare Health System, the second-largest...more

Banks Face Class Action Lawsuits Alleging Noncompliance With ADA Regulations Governing ATMs

More than 100 nearly identical class action lawsuits alleging noncompliance with Americans with Disability Act accessibility standards for ATM machines have been filed against banks and credit unions since new standards went...more

New York City Employers Must Prove Indefinite Leave Request is Undue Hardship

The New York Court of Appeals ruled last Thursday that a disabled employee’s request for an indefinite leave of absence is not a per se unreasonable accommodation under the New York City Human Rights Law. Rather, the state’s...more

Employment Law -- Oct 15, 2013

“Use It or Lose It” Policy Results in Multimillion-Dollar Verdict - Why it matters: Although this decision is unpublished, it provides a lesson on the potentially expensive ramifications of maintaining an illegal...more

Fifth Circuit Issues First of Several Pro-Employee Decisions: ADA Accommodations Need not Relate to Essential Job Functions

The Fifth Circuit, which covers federal district courts from Texas, Louisiana and Mississippi, has been busy recently issuing decisions in the employment law arena. Surprisingly, many of these decisions from this...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

Recent ADA Decision Might Signal Broadening of the ADA’s Accommodation Provisions

The United States Court of Appeals for the Fifth Circuit recently held that accommodations under the Americans with Disabilities Act (ADA) are not limited to job modifications that enable an employee to perform essential job...more

EEOC Sues Upper Chesapeake Health System for Disability Discrimination and Retaliation

Health Care System Fired a Pulmonary Function Technologist After She Requested an Accommodation and Filed a Discrimination Charge, Federal Agency Charges - BALTIMORE - Upper Chesapeake Health System, a leading health...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

Employees May Take “Total Disability” And Seek Accommodation Too

Just because a disabled employee takes long term disability benefits and certifies she is unable to work, doesn’t mean she can’t seek workplace accommodations. Smith v. Clark County School District, No. 11-17398 (9th Cir....more

Maryland Employers Soon Must Provide "Light Duty" to Pregnant Disabled Women and Update Employment Handbooks

Effective October 1, 2013, Maryland employers with 15 or more employees must provide their pregnant employees with certain reasonable accommodations beyond the requirements of the federal Americans with Disabilities Act (ADA)...more

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