Reasonable Accommodation, Hiring & Firing

Fort Worth Center of Rehabilitation Sued by EEOC for Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 5/8/2013

Health Care Facility Refused to Allow Alternate Form of Drug Testing as a Reasonable Accommodation for Applicant with Renal Failure, Agency Charged - DALLAS - The Fort Worth Center of Rehabilitation violated federal...more

Baptist Health South Florida Sued by EEOC for Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 4/24/2013

Physician With Epilepsy Denied a Reasonable Accommodation and Fired by Coral Gables Doctor's Hospital, Federal Agency Charged - MIAMI - Baptist Health South Florida, a Miami-based hospital system, violated federal law...more

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

by U.S. Equal Employment Opportunity Commission... on 4/12/2013

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

Employment Law Reporter – April 2013: "We won! Wait, no, we lost!": The Narrative Arc of a Disability Discrimination Lawsuit

by Karina Sterman | Ervin Cohen & Jessup LLP on 4/8/2013

An employee (Prock) becomes temporarily but totally disabled by an anxiety disorder, goes out on a disability leave and receives disability benefits. The disability leave is extended by the employee’s doctor several times....more

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

by David Garland | Epstein Becker & Green, P.C. on 4/5/2013

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

EEOC Sues Toys “R” Us On Behalf of Deaf Job Applicant

by Peter Felsenfeld | Barger & Wolen on 3/28/2013

The U.S. Equal Employment Opportunity Commission (“EEOC”) has sued retailer Toys “R” Us for failing to provide an interpreter to assist a deaf job applicant during an interview....more

Pregnancy Disability Leave: Not a Matter of Simple Math

by Jessica Rosen, Andrew Satenberg | Manatt, Phelps & Phillips, LLP on 3/27/2013

Recent case law confirms the need for employers to be cautious about mechanically applying pregnancy disability leave laws without considering the implications of the Fair Employment and Housing Act....more

To Terminate or Not to Terminate. . . That is the Question

by Miller & Martin PLLC on 3/26/2013

The Facts – “What Happened?”: The plaintiff, Ms. Mocic, worked as an EMT for the employer/defendant (SCEMS) for almost four years. She became pregnant in 2009. She requested and was granted an apparently uneventful...more

Termination For Misconduct Does Not Reopen LHWCA Claim, Fifth Circuit Follows Fourth Circuit In Deciding

by Douglas Matthews | King, Krebs & Jurgens, PLLC on 3/20/2013

The Fifth Circuit has followed the Fourth Circuit’s lead in deciding today that an employee’s termination for misconduct will not reopen a disability claim under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”)....more

Fenwick Employment Brief - March 2013

by Allen M. Kato, Michael A. Sands | Fenwick & West LLP on 3/14/2013

In This Issue: - Feature Articles: - California Court Of Appeal Significantly Expands Pregnancy Leave Rights - New York Employer's Flex-time Policy Precluded Holding Employee Accountable For Tardiness...more

Engage—Before You Fire

by Johnnie James | Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/12/2013

Consider this scenario: An employee goes out on a leave of absence for anxiety. His doctor says he’s temporarily totally disabled. Then the leave gets extended because the employee is having problems adjusting to the...more

California Employer Should Have Engaged In Interactive Process Before Firing Employee

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/11/2013

Prock v. Tamura Corp. of America, No. E054185 (January 25, 2013): In an unpublished opinion, a California Court of Appeal recently overturned the dismissal of a lawsuit where the employee was fired while on a leave of absence...more

Pregnancy Disability Leave – Sanchez v. Swissport

by William Gutierrez | Carr, McClellan, Ingersoll, Thompson & Horn -... on 3/11/2013

A California appellate court has given employers yet another reason for caution in their handling of employees on pregnancy disability leave. In Sanchez v. Swissport, Inc., B237761 (Feb. 21, 2013), the Second District Court...more

Worker with Panic Attacks Wins $21M Discrimination Verdict

by Sylvia Hsieh | Lawyers.com on 3/8/2013

A worker who was fired for her panic attacks won a $21.7 million jury verdict against her employer, including $16.5 million in punitive damages for the employer’s malice....more

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

by Charlotte Wolfe | Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/28/2013

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

Exhaustion Of Leave Under the Pregnancy Disability Leave Law Does Not Prevent An Employee From Making A Claim Under The FEHA,...

by Michael Newman | Barger & Wolen on 2/26/2013

In Sanchez v. Swissport, the California Court of Appeal, Second Appellate District, determined that an employee who has exhausted all permissible leave available under the Pregnancy Disability Leave Law (PDLL), Gov. Code...more

REDC Default Solutions to Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

by U.S. Equal Employment Opportunity Commission... on 2/22/2013

Company Fired Texas Woman Over Post-Stroke Condition, Federal Agency Charged - DALLAS - An Irvine, Calif.-based company will pay $50,000 and furnish other relief to settle a disability discrimination lawsuit brought by...more

Employment Law Newsletter: February 2013

by Laura Flynn, Christine Balbo Reed, Steve Werth | Low, Ball & Lynch on 2/11/2013

In this issue: -Inspection of Personnel Records (AB 2674) -Wage Statements (AB1744) -Disclosure of Social Media Passwords (AB 1844) -Criminal History Information Requirements (AB 2343) -Human...more

Labor Letter, February 2013: How To Weigh Obesity In Employment Decisions

by Jeff Weintraub | Fisher & Phillips LLP on 2/6/2013

Imagine you are the Hiring Manager for a distribution warehouse and have just begun interviewing applicants for a materials handler position. The first candidate enters the room, standing at a height of 5’4”, weighing more...more

Kintetsu International Express to Pay $77,500 to Settle EEOC Disability Harassment, Retaliation Suit

by U.S. Equal Employment Opportunity Commission... on 2/4/2013

Supervisor Constantly Degraded Tour Coordinator with Arthritis, Then Forced Her and Co-Worker Out for Reporting Harassment, Federal Agency Charged - HONOLULU, Hawaii - Kintetsu International Express (USA), Inc. - a...more

America's Thrift Stores Pays $50,000 to Settle EEOC Disability Discrimination Suit

by U.S. Equal Employment Opportunity Commission... on 2/1/2013

Company Refused to Accommodate Employee With Joint Condition And Then Fired Her, Federal Agency Charged - BIRMINGHAM, Ala. - America's Thrift Stores of Alabama, Inc. will pay $50,000 and furnish other relief to settle...more

New York Court Holds That Extended Leave Of Absence May Be A Reasonable Accommodation Under New York City Human Rights Law

by Hema Chatlani, Allison Ianni, Caitlin Senff Ladd, Aaron Warshaw | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/31/2013

LaCourt v. Shenanigans Knits, Ltd., No. 102391/11 (N.Y. Sup. Ct., N.Y. Cty., Nov. 14, 2012): While still employed by defendants, the plaintiff informed her supervisor of her recent breast cancer diagnosis and her decision to...more

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Reasonable Accommodation › Hiring & Firing