News & Analysis as of

Reasonable Accommodation Discrimination Disability

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

Medstar Harbor Hospital Will Pay $179,576 to Settle EEOC Disability Discrimination Lawsuit

Hospital Refused to Grant Therapist Reasonable Accommodation then Terminated Him, Federal Agency Said - BALTIMORE - Harbor Hospital Inc., trading as MedStar Harbor Hospital, will pay $179,576 and furnish other relief to...more

From the Tinfoil Hat Files: Plaintiff Sleeping on the Job Claims Sensitivity to Electromagnetic Voltage

The 7th Circuit, in a short opinion issued April 6, zapped a plaintiff’s claim that he was terminated in violation of the ADA based on his condition of being overexposed to electromagnetic voltage at his job. Mr. Hirmiz, a...more

Food Service Company to Pay $35,000 to Settle EEOC Disability Discrimination Suit

Legendary Baking Fired Employee Because of Spinal Cord Condition, Federal Agency Charged - CHICAGO - An Illinois food service company will pay $35,000 and furnish other relief to settle a disability discrimination...more

Disability Services Company to Pay $100,000 to Settle EEOC Disability Discrimination Lawsuit

ValleyLife Failed to Provide Reasonable Accommodations to Employees With Disabilities, Federal Agency Charges - PHOENIX - ValleyLife, a disability support services company, will pay $100,000 and furnish other relief to...more

Apply Here! (with Everyone Else): ADA Does Not Mandate Noncompetitive Reassignment

When you can’t reasonably accommodate a disabled employee in the current position, do you have to give the employee a vacant position or can you follow your usual, competitive process? In EEOC v. St. Joseph’s Hospital, Inc.,...more

Greektown Casino Sued By EEOC For Disability Discrimination

Employer Failed to Grant Leave Extension for Employee With Stress-Anxiety Disorder And Fired Him Instead, Federal Agency Charges - DETROIT - A Detroit casino operator violated federal law by denying a reasonable...more

Harrison Poultry to Pay $100,000 to Settle EEOC Disability Discrimination Lawsuit

Poultry Company Fired Manager While on Approved Leave, Federal Agency Charged - ATLANTA - Harrison Poultry, Inc., a poultry hatchery located in Bethlehem, Ga., will pay $100,000 and furnish other relief to settle a...more

EEOC Sues Legendary Baking For Disability Discrimination

Federal Agency Says Food Service Company Denied Long-Term Employee Accommodations, Then Fired and Failed to Rehire Her Because of Her Disability - CHICAGO - American Blue Ribbons Holding, LLC, dba Legendary Baking,...more

All in the Family: California Court Holds Employers Have to Accommodate Disability of Employee's Family Member

by Littler on

A California Court of Appeal for the first time has decided that an employer has a duty to reasonably accommodate an applicant or employee who is associated with a disabled person who needs the employee’s assistance. This...more

ADA Compliance: Landlords, You're On the Hook

by Polsinelli on

The Americans With Disabilities Act (ADA) prohibits discrimination based on disability. Title III of the ADA requires that businesses provide accommodations to persons with disabilities and access that is equal or similar to...more

Today's Immigration Debate Impacts California Employment Law and Litigation

by Wilson Elser on

A year ago, the California Supreme Court limited damages in employment discrimination claims brought under the California Fair Employment and Housing Act (FEHA) when an employer discovers it employed an unauthorized worker....more

Medical Marijuana in HUD-Assisted Properties: Update Since HUD’s January 2011 Memorandum

by Sherman & Howard L.L.C. on

The U.S. Drug Enforcement Agency (DEA) classifies marijuana as a Schedule I Controlled Substance, which recognizes no medical use. In January 2011, the U.S. Department of Housing and Urban Development (HUD) issued an...more

Supreme Court Vacates 4th Circuit in UPS Pregnancy Discrimination Case, But Rejects EEOC's "Most Favored Employee" Argument

by Hinshaw & Culbertson LLP on

Since the case was argued on December 3, 2014, practitioners and clients alike have been anxiously awaiting the Supreme Court's decision in Young v. United Parcel Service, Inc. That wait is over as the Supreme Court issued a...more

U.S. Supreme Court Rules on Pregnancy Accommodations

by Miller & Martin PLLC on

This is one of our "ones to watch for 2015" – Young v. UPS. The legal question certified by the Supreme Court in 2014 was: Whether, and in what circumstances, the Pregnancy Discrimination Act requires an employer that...more

Government Group Scrutinizing Policies at Campuses

by Shipman & Goodwin LLP on

Racist chants by students at the University of Oklahoma have gained national attention in the press and on the internet. Challenges to policies on reasonable accommodations at colleges, universities and schools have also...more

Court of Appeals Holds That Employer’s Failure to Engage in Interactive Process Regarding Employee’s Accommodation Request...

Discrimination claims are expensive to defend and if they reach a jury, the results are often unpredictable. The summary judgment motion, when utilized properly, is an effective risk and cost containment tool available to...more

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

by Stinson Leonard Street on

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

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

MISO to Pay $90,500 to Settle EEOC Disability Discrimination Lawsuit

Power Grid Operator Denied Employee Reasonable Accommodation for Postpartum Depression, Federal Agency Charged - INDIANAPOLIS - Midcontinent Independent Transmission System Operator (MISO), a Carmel, Ind.-based power...more

EEOC Sues Lifecare Medical Services for Disability Discrimination

Employee With MS Denied Accommodation and Fired, Federal Agency Charges - CLEVELAND - Lifecare Medical Services, Inc., an Ohio medical transportation services company, violated federal law by denying a reasonable...more

Employment And Labor Alert: EEOC Updates Guidance On Several Disabilities

by Stinson Leonard Street on

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued new guidance in an effort to help employers work with employees with cancer, diabetes, epilepsy and intellectual disabilities....more

EEOC Sues Wal-Mart for Sexual Harassment, Retaliation and Disability Discrimination

Developmentally Disabled Walmart Employee in Akron Store Fired for Complaining About Sexual Touching, Federal Agency Charges - CLEVELAND - Wal-Mart Stores East, L.P. violated federal law by allowing a male employee...more

Take 5 Newsletter: EEOC Update; Intern Wage and Hour Claims; NLRB Quorum; Unemployment Discrimination; Social Media Passwords

by Epstein Becker & Green on

EEOC Releases Letter Addressing Wellness Programs and Reasonable Accommodation Obligations - In a letter issued recently by the Equal Employment Opportunity Commission ("EEOC"), Peggy Mastroianni, the agency's Legal Counsel,...more

Employers Beware: Anything Short of a Robust Attempt to Engage in Interactive Process Might Preclude Summary Judgment

Several recent cases in the Sixth Circuit Court of Appeals remind employers that their obligation to engage in the interactive process is an increasingly onerous one. First, in Keith v. County of Oakland, No. 11-2276 (6th...more

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