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

Where is the Internet?

Is the Internet a place? Apparently, no one’s entirely sure, but one federal appeals court has asked the California Supreme Court to figure it out in the context of a lawsuit that is pending against Cable News Network....more

Absolute "Return To Work" Deadline An Absolute Headache For Employer In ADA Lawsuit Against The EEOC

A federal judge in Chicago recently ruled that the Equal Employment Opportunity Commission (EEOC) can pursue its class-wide claim challenging an employer's policy of discharging employees who can't return to work after a...more

Irregular Attendance May Render An Employee With A Disability "Unqualified"

In a recent case, Daniel Mecca v. Florida Health Services Center, Inc., Case No. 8:12-cv-02561 (M.D. Fla. February 3, 2014), a federal court in Florida held that where regular attendance is an "essential function" of a...more

Banks Previously Sued in Title III ADA Class Action Lawsuits Now Getting Sued Again in Second Wave of Accessibility Lawsuits

A Pittsburgh-based law firm, which has filed more than 100 class action lawsuits under Title III of the Americans with Disability Act (ADA) in federal district courts throughout the United States against banks on behalf of a...more

Temporary Impairments May Be Covered Under the Expanded ADA

In late January 2014, the Fourth Circuit Court of Appeals ruled in Summers v. Altarum Inst. Corp., 740 F.3d 325 (4th Cir. 2014), that a sufficiently severe temporary impairment may be a covered disability under the Americans...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

New Philadelphia Ordinance Requires Reasonable Accommodations for Pregnancy, Childbirth

City of Philadelphia Mayor Michael A. Nutter recently signed legislation amending the City’s Fair Practices Ordinance to prohibit pregnancy-related discrimination and require employers to provide reasonable workplace...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

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

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

FMLA FAQ: Can Excess Trips To The Potty Be Counted As FMLA Leave?

Q: One of our employees drinks a lot of water at work and goes to the bathroom continuously throughout the day. As a result, she uses far more than her normal breaks allow. ...more

Commercial Foreclosures and the Impact of the ADA

A. Statutory Overview When foreclosing on commercial properties, lenders and servicers must assess the liabilities to which they may be exposing themselves under various state and federal laws and regulations. One such...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

Employment and Labor Law Final Exam Answer Key

Thank you to everyone who responded to this year’s Employment and Labor Law Final Exam. We hope the exercise was challenging and informative. Congratulations to our winners, Melissa Nance (Sumter, SC) and Carol Williams...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

2013 Employment and Labor Law Final Exam

As the end of 2013 quickly approaches, it is time to put your employment and labor law knowledge to the test with Nexsen Pruet’s third annual final exam. We will send out answers to the exam on December 17th. Be sure to email...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

Retail Industry Update, No. 4, December 2013: New Year's Resolutions: Five Areas Of Focus For 2014

The Affordable Care Act has dominated the headlines of employment newsletters (justifiably) for the last six months. It will continue to be an area of focus for all employers. But don’t lose sight of the fact that all the...more

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