News & Analysis as of

Reasonable Accommodation Equal Employment Opportunity Commission Disability Discrimination

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

EEOC and Flying Star Transport Settle ADA Claims for $65,000

Federal Agency Steers Hiring Case of Driver With Amputation to Early Resolution - AMARILLO, Texas - An Amarillo, Texas-based fuel transport company has agreed to pay $65,000 and furnish other relief to settle a...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

Back To The Drawing Board: Tenth Circuit Denies EEOC Subpoena Request Seeking To Expand Individual Charge Into Pattern-or-Practice...

“[A] single discriminatory act does not, by itself, warrant a broader patter-or-practice investigation.” That was the conclusion the Tenth Circuit reached recently when it affirmed a federal district court’s denial of an EEOC...more

Employer successfully fights EEOC subpoena

by McAfee & Taft on

Any employer that has gone through an Equal Employment Opportunity Commission (EEOC) investigation knows one thing is certain: you will have to provide mountains of documents. Normally, the EEOC will informally request...more

Zale Delaware Will Pay $30,000 To Settle EEOC Disability Discrimination Lawsuit

Kiosk Manager Fired Because of Orthopedic Disability, Federal Agency Charged - GREENVILLE, N.C. - Zale Delaware, Inc., dba Piercing Pagoda, a jewelry retailer based in Irving, Texas, will pay $30,000 to settle 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

Can Fido Come to Work? EEOC Files Suit to Require Emotional Support Dog on Truck Route

It’s true. The U.S. Equal Employment Opportunity Commission (EEOC) is taking the position that an emotional support animal may be a required reasonable accommodation in the workplace. In January, we explained that federal...more

Federal Court Shoots Down EEOC Subpoena

by Foley & Lardner LLP on

Employers facing Equal Employment Opportunity Commission (EEOC) charge investigations may find themselves on the receiving end of overly broad, unduly burdensome and/or irrelevant information requests from the EEOC. If an...more

Magnolia Health Corporation to Pay $325,000 To Settle EEOC Class Disability Discrimination Case

Settlement Resolves Claims for People Who Were Denied Employment or Accommodations Because of Their Disabilities - FRESNO - Magnolia Health Corporation, a Visalia, Calif.-based company that operates health care and...more

Cushman & Wakefield will Pay $100,000 to Settle EEOC Disability Discrimination Lawsuit

Commercial Real Estate Services Company Fired Employee with Breast Cancer, Federal Agency Charged - BALTIMORE - Commercial Real Estate Services Company Cushman & Wakefield will pay $100,000 and furnish significant relief...more

Indefinite Leave As Reasonable Accommodation

by Murtha Cullina on

A February 5, 2017 decision of a Massachusetts Commission Against Discrimination (MCAD) Hearing Officer tortures common sense by awarding damages against the employer for failure to accommodate a disability by extending FMLA...more

Covenant Transport To Pay $30,000 To Settle EEOC Disability Discrimination Suit

Trucking Company Refused To Hire Applicant Because of Inability to Provide a Urine Sample Due to Medical Condition, Federal Agency Charged - CHATTANOOGA, Tenn. - Covenant Transport, Inc., a trucking company based in...more

S&B Industry to Pay $110,000 to Settle EEOC Disability Discrimination Suit

Fort Worth Cellphone Repair Facility Refused to Hire Two Hearing-Impaired Applicants Because of Their Disability, Federal Agency Charged - DALLAS - A Fort Worth cellphone repair facility has agreed to pay $110,000 and...more

Anxiety, Absenteeism, and the ADA

As accommodating and flexible as the Americans with Disabilities Act (ADA) compels employers to be, the harsh reality is that there are some jobs that a person with certain disabilities simply cannot do. When an employee...more

EEOC Sues Walmart for Discriminating Against Employee with Intellectual Disability

Retail Giant Refused to Make a Simple Accommodation for a Longtime Employee, Federal Agency Charges - MILWAUKEE, Wis. - Walmart violated federal law when it failed to accommodate and fired a longtime employee because of...more

Stepping Out of the Shadows: Accommodating Mental Health Issues in the Workplace

by Foley & Lardner LLP on

2016 brought about a host of changes for employers, including new political leaders, ever-changing technology, and new and more open dialogue on a variety of different issues. Aside from politics, perhaps one of the biggest...more

A Particular Challenge: Managing Mental Disability in the Workplace

by Zelle LLP on

Understanding disability discrimination and reasonable accommodation is a challenge for employers, and particularly for the in-house counsel and HR professionals who must manage disability issues in the workplace. As you...more

Employer Responsibilities re Mental Health Conditions

by Lewitt Hackman on

The Equal Employment Opportunity Commission recently issued a “User-Friendly Document” explaining the rights of job applicants and employees with mental health conditions. In doing so, the EEOC has confirmed that individuals...more

EEOC Issues Guidance on Mental Health Discrimination and Reasonable Accommodations

by Conn Maciel Carey LLP on

On December 12, 2016, the EEOC issued a resource document, titled “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights,” reminding employers of workplace rights for employees and applicants...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

EEOC Provides Guidance Outlining Protections for Applicants and Employees with Mental Health Conditions

On December 12, 2016, the United States Equal Employment Opportunity Commission (EEOC) issued an informal resource document which serves to remind employers of protections afforded to applicants and employees who suffer from...more

EEOC Suffers Another Setback – ADA Does Not Require Automatic Reassignment of Disabled Employee to Open Position

by Foley & Lardner LLP on

As we have previously reported, under the Obama administration, the Equal Employment Opportunity Commission (EEOC) has aggressively sought to expand the breadth of the agency’s authority to collect employee pay data and other...more

EEOC Reminds Employers that Mental Health Conditions Are Covered by the ADA

On December 12, 2016, the EEOC issued a guidance document discussing workplace rights for individuals diagnosed with mental health conditions under the Americans With Disabilities Act. The EEOC noted that in 2016, the agency...more

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