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Reasonable Accommodation Americans with Disabilities Act Disability

EEOC Sues Dependable Health Services For Disability Discrimination

Health Care Staffing Agency Fired Phlebotomist With Sickle-Cell Anemia, Federal Agency Charges - BALTIMORE - Dependable Health Services, Inc., a health care staffing agency, violated federal law when it fired an employee...more

EEOC Sues UPS Freight for Violating the Americans With Disabilities Act

Company Treats Disabled Drivers Worse Than Drivers With DWIs, Suit Charges - ST. LOUIS - UPS Freight violated federal law by treating a truck driver who was unable to drive because of a minor stroke worse than it treated...more

UPS Delivers Cautionary Tale

by Sherman & Howard L.L.C. on

Maximum leave policies are ubiquitous. These policies typically state that an employee who does not/cannot return from leave within a specified period (e.g. 12 months) will be discharged. Last year the EEOC issued...more

UPS to Pay $2 Million to Resolve Nationwide EEOC Disability Discrimination Claims

Shipping Giant's Rigid Leave Policies Forced Out Employees Who Needed Accommodations, Federal Agency Charged - CHICAGO - International shipping giant United Parcel Service, Inc. (UPS) has agreed to pay $2 million to nearly...more

When is an employee a qualified individual with a disability under the MHRA?

by PretiFlaherty on

Maine’s highest court recently weighed in on what it means to be a qualified individual with a disability under the Maine Human Rights Act. Affirming a summary judgment in favor of the employer in Carcinella v. Mercy...more

New Florida Law Aims To Put Brakes On ADA Barrier-To-Access Lawsuits

by Jackson Lewis P.C. on

Responding to the alarming proliferation of lawsuits in Florida alleging that places of public accommodations create barriers to access to disabled patrons, Florida has adopted what appears to be the first law in the country...more

Tenth Circuit Affirms Staffing Company Win in Reasonable Accommodation Suit

by Littler on

In Punt v. Kelly Services, the Tenth Circuit Court of Appeals unanimously held that a temporary employee’s request for an undetermined leave of absence was not a reasonable request for accommodation under the Americans with...more

Watch Out: Workplace Smells, ADA Disability, Telecommuting, and an EEOC Lawsuit

by Seyfarth Shaw LLP on

Seyfarth Synopsis: According to the EEOC in this just filed lawsuit, a home care services provider in North Carolina violated federal disability rights law when it rejected telecommuting requests from an employee whose asthma...more

EEOC Sues Verona Resort & Spa For Pregnancy and Disability Discrimination

Company Failed to Accommodate and Fired Employee Because of Pregnancy-Related Condition, Federal Agency Charges - TAMUNING, Guam - Verona Resort & Spa., a hotel resort and spa in Tamuning, violated federal law when it...more

EEOC Sues Wesley Health System / Merit Health Wesley For Disability Discrimination

Company Refused to Accommodate and Fired Employee Because of Arm/Shoulder Injury, Federal Agency Charges - BIRMINGHAM, Ala. - Wesley Health System, LLC, dba Merit Health Wesley, a general medical and surgical hospital...more

Chemtrusion to Pay $145,000 to Settle EEOC Class Disability Discrimination Case

Company Screened Out Job Applicants After Medical Examinations Without Any Individualized Assessments on Fitness for Work, Federal Agency Charged - INDIANAPOLIS - Chemtrusion, Inc., a Houston-based manufacturing services...more

EEOC Sues Connections CSP For Disability Discrimination

Human Services Provider Unlawfully Fired Employees Who Needed Medical Leave, Federal Agency Charges - WILMINGTON, Del. - Connections CSP, Inc., one of Delaware's largest non-profit organizations that provides health care,...more

It’s Reasonable to Employ Marijuana Users

by Sherman & Howard L.L.C. on

A requested accommodation for a disability is not unreasonable as a matter of law just because it is illegal under federal law, says the Massachusetts Supreme Judicial Court in a recent case. As applied there, the result is...more

EEOC Sues Capstone Logistics For Disability Discrimination

Human Services Provider Unlawfully Fired Employees Who Needed Medical Leave, Federal Agency Charges - WILMINGTON, Del. - Connections CSP, Inc., one of Delaware's largest non-profit organizations that provides health care,...more

EEOC Sues Advanced Home Care For Disability Discrimination

Call Center Violated Federal Law by Refusing Accommodation for Employee With Asthma and COPD and Then Firing Her, Federal Agency Charges - CHARLOTTE, N.C. - Advanced Home Care, Inc., a North Carolina nonprofit corporation...more

Fifth Circuit Says Regular Attendance at Work is an Essential Function of Most Jobs

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a recent win for employers, the Fifth Circuit clarified that opened-ended or unlimited requests to work from home are unreasonable under the Americans with Disabilities Act (“ADA”) and may be rejected...more

EEOC To Employers: Requiring Employees to Return to Work with “No Restrictions” Could Get You Sued

Before the Americans with Disabilities Act (and there was a time before the ADA), it was not uncommon to require employees to have a doctor’s note returning them to work “with no restrictions.” That won’t work in today’s ADA...more

Dear Littler: Do I Really Have to Let an Employee Bring an “Emotional Support Pig” to Work?

by Littler on

Dear Littler: One of our employees here in Iowa has requested to bring a pet pig to work for “emotional support” purposes. A pig! In a factory! Do I need to entertain her request? And if so, what do I tell other employees?...more

High School Teacher Is Determined To Not Be Disabled After She Accepts Another Teaching Position

by Jackson Lewis P.C. on

Sharon Walker (“Walker”), a high school business teacher, brought suit against the Pulaski County Special School District (“PCSSD”) claiming that she had been discriminated against and retaliated against because of her...more

When Is Reassignment To An Intermittent Position Required As An ADA Accommodation?

by Jackson Lewis P.C. on

The Americans with Disabilities Act (“ADA”) generally requires employers to provide reasonable accommodation to disabled employees so that they can perform the essential duties of their jobs. This is not news. But what if no...more

Property Owners Gaining New Tools To Fight ADA Lawsuits

by Shutts & Bowen LLP on

Help may be on the way for property owners sued for alleged violations of Title III of the Americans with Disabilities Act (“ADA”). As covered in a prior post, over the last couple of years, Florida has seen a big...more

12 Months of Additional ADA Leave Not Reasonable, Court Says - Three Lessons to Be Learned From 1st Circuit Decision

by Fisher Phillips on

A federal appellate court recently ruled that an employee’s request for 12 months of additional medical leave was not reasonable, and thereby upheld the dismissal of her Americans with Disabilities Act (ADA) lawsuit against...more

Bringing Your Dog to Work: Service Animals as Disability Accommodation

The reasonable accommodations for an employee’s disability that may be required by the Americans with Disabilities Act and the Connecticut Fair Employment Practices Act can take many forms, including an employee coming to...more

Employment Law Navigator – Week in Review: May 2017 #4

by Zelle LLP on

Last week, a California Department of Transportation worker with severe allergies to scents and household chemicals won a $3.3 million jury verdict in a disability harassment lawsuit. The employee claimed that his...more

EEOC Sues Impressions Incorporated for Disability Discrimination

Federal Agency Says St. Paul Company Fired Employee for Depression Despite His Submitting to Unlawfully Mandated Examination - MINNEAPOLIS, Minn. - Impressions, Incorporated, a St. Paul-based design, printing...more

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