News & Analysis as of

Reasonable Accommodation Hiring & Firing Discrimination

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

Is Hiring the Most-Qualified Candidate Reasonable? Two Recent Decisions Say Yes

by Seyfarth Shaw LLP on

Seyfarth Synopsis: For several years now, employers and the EEOC have been at odds over whether employers must automatically reassign a disabled employee to an open position as a reasonable accommodation, or whether employers...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

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

A Review of the EEOC's Systemic Initiative: Tracking its Progress, Current Priorities, and Key Developments in FY 2016

by Littler on

On November 16, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued its annual Performance and Accountability Report, which highlights key EEOC developments over the past fiscal year, ending September 30,...more

Employment Newsletter - Fall 2016

by Reminger Co., LPA on

Over the last five years, members of the LGBTQ community have had much to celebrate as traditional barriers to equality have been knocked down one-by- one by the federal government. In 2010, the Patient Protection and...more

Employers May Need To Offer Accomodations To Job Applicants And EMPLOYEES Even If They Do Not Ask For An Accomodation

by Reminger Co., LPA on

Most employers maintain either formal or informal grooming and appearance policies. These policies address the employee’s personal appearance while at work including hairstyle, jewelry, tattoos, piercings, head coverings and...more

What’s an “Implied” Request for an ADA Reasonable Accommodation?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A divided panel of the Eighth Circuit recently decided that an employer may be required to assume or infer from the circumstances that an employee is seeking a reasonable accommodation – even when no...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

Jury in EEOC Suit Says Dollar General Must Pay Former Employee Over $277,565 For Disability Discrimination

Diabetic Employee Fired After Drinking Orange Juice to Stop Attack - KNOXVILLE, Tenn. - A federal jury has found in favor of the U.S. Equal Employment Opportunity Commission (EEOC) in a federal disability discrimination...more

Bend Don’t Break: The EEOC Says Inflexible Attendance Policies Violate the ADA

In managing employee attendance, be careful about policies that suggest automatic termination after a certain number of absences as the Equal Employment Opportunity Commission (EEOC) believes such policies violate the...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

The California Edition of the Employment & Labor Newsletter

by Wilson Elser on

Recruiting Practice Reminders - If you are a hiring manager or human resources professional who posts job openings to your organization’s website, carefully review the content to ensure it is specific, clear and concise....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

California Employment Law Notes - September 2015

Newly Enacted California Statutes - The Word "Alien" Is Stricken From The California Labor Code - Section 1725 of the California Labor Code defines "alien" as "any person who is not a born or fully naturalized...more

New Jersey Appellate Division Rules that Nurse’s Termination Based On Her Physical Limitations Could Violate The NJLAD

by Genova Burns LLC on

On August 28, 2015, the Superior Court of New Jersey, Appellate Division in Grande v. Saint Clare’s Health System, reversed the decision of the trial court granting summary judgment to the defendant finding that plaintiff’s...more

Creed and Association: Breach of Human Rights Leads to Harsh Penalties

by Dentons on

The decision in H.T. v ES Holdings Inc. o/a Country Herbs (“Country Herbs”) 2015 HRTO 1067 (CanLII) (“Country Herbs”) serves as a reminder to employers of the significant liability that they face when a claim of...more

What You Need to Know About Accommodating Transgender Employees

The Occupational Safety and Health Administration (OSHA) requires that all employers covered by the OSH Act provide employees with sanitary toilet facilities so that employees will not suffer adverse health effects if toilets...more

Supreme Court Holds That Employers Do Not Need Actual Knowledge of an Applicant’s Need for a Religious Accommodation Before They...

The Supreme Court recently held that job applicants may hold their potential employer liable for intentional discrimination under Title VII if the applicant can show that his or her need for an accommodation was a motivating...more

BEWARE OF DOG(MA): Did The Supreme Court Just Require Employers to Accommodate Whenever A Request *Might* Be Due to Religion?

by Hinshaw & Culbertson LLP on

The U.S. Supreme Court has issued its long awaited decision in the "Looks Policy" case, and it's not terribly unexpected, but is a little scary considering the potential far reaching effects going forward. ...more

Supreme Court Decides Employers Must Make Religious Accommodations Regardless of Knowledge of Need for Accommodation

by Foley Hoag LLP on

On June 1, 2015, the U.S. Supreme Court held, in Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., that an employer violates federal anti-discrimination law where an applicant’s need for a religious...more

Supreme Court Clarifies Religious Accommodation Requirements in Hijab Case, but May Create New Problems for Unwary Employers

by Cozen O'Connor on

In a decision that came as no major surprise to Supreme Court watchers, on June 1, 2015, the Court ruled 8-1 in EEOC v. Abercrombie & Fitch that Abercrombie & Fitch violated the civil rights of a Muslim job applicant when it...more

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