News & Analysis as of

EEOC Sues Taprite Fassco for Sex and Disability Discrimination and Retaliation

Quality Control Inspector Punished After Reporting Unequal Wages and Denied an Accommodation for Her Disability, Federal Agency Charged - SAN ANTONIO, Texas -Taprite Fassco Manufacturing, Inc., a San Antonio-based...more

Executive Briefing

In its decision on Templemire v. W&M Welding, Inc., the Missouri Supreme Court imposed a minimalist “contributing factor” causation standard on workers’ compensation retaliation claims. The decision overrules two precedents,...more

Does an Employer Have an Obligation to Provide Accommodations to Pregnant Employees? Don't Follow This Employer's Lead

Ena Wages served as a property manager for one of several apartment complexes owned by Stuart Management Corp. She began her employment on November 17, 2008, and this is significant under the FMLA because nearly one year...more

EEOC Sues AutoZone for Fourth Time for Violating Americans with Disabilities Act

Federal Agency Charges Giant Auto Parts Retailer Failed to Accommodate Disability-Related Absences of Employees, Retaliated Against Employee for Protesting - CHICAGO - AutoZone, Inc. violated federal law when it...more

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

Making Your Termination Decision Count (Don’t Sleep on This One…)

The success or failure of an employer’s defenses in employment litigation often turns on what motivated a termination decision. My consistently subpar performance or my complaint about harassment? My taking of leave or...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

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

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

Did An Employer Inflate Its Worker’s Performance Deficiencies as a Pretext for Disability Bias? Mass. Court Says Maybe

On November 4, 2013, in Akerson v. Pritzker, No. 12-10240-PBS, the U.S. District Court for the District of Massachusetts rejected the race discrimination and Equal Pay Act claims brought by a former employee of the U.S....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

New York City Delivers Expanded Legal Protections for Pregnant Women

On September 24, 2013, New York City Council unanimously approved legislation designed to prevent discrimination in the workplace based on pregnancy, childbirth, or a related medical condition. Introductory Bill No. 974-A...more

Leave-of-Absence Issues Managers Need to Know

In many organizations, the human resources function is handled by specialists who guide managers' decision-making to ensure consistency with myriad employment laws. It is not uncommon, however, for HR professionals to get...more

The Employment Law Authority - March/April 2013

In This Issue: - Immigration. Washington takes the first step toward immigration reform. - State Round-Up. Learn about the latest employment law news in your state. - Traditional. Wade Fricke and Matthew Kelley...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

Employment Law Commentary -- Volume 25, No. 2 -- February 2013: Is Working from Home a Reasonable Accommodation? “Rarely.”

Modern technology is challenging our conception of the traditional workplace, especially in the service and information sectors. Remote network connections, online videoconferencing, portable Web-enabled devices, and other...more

D.O.E. Technologies and doeLegal Will Pay $130,000 to Settle EEOC Disability Discrimination Lawsuit

Hard-of-Hearing Employee Fired for Requesting Accommodations, Federal Agency Charged - WILMINGTON, Del. - D.O.E. Technologies, Inc. and a related company, doeLegal, LLC will pay $130,000 and furnish other relief to...more

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

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

Police Department Is Not Required To Rehire Disabled Officer Who Is No Longer Able To Perform Essential Functions Of The Job

In Liu v. City and County of San Francisco (--- Cal.Rptr.3d ----, Cal.App. 1 Dist., December 11, 2012), a California court of appeal considered whether a city police department violated the California Fair Employment and...more

EEOC Suggests That Title VII and ADA May Apply to Employment Situations Involving Domestic Violence and Sexual Assault

Neither Title VII of the Civil Rights Act nor the Americans with Disabilities Act (ADA) specifically prohibits discrimination against individuals who may be victims of domestic or dating violence, sexual assault, or stalking....more

California Enacts Law to Further Protect Religious Expression in the Workplace

Governor Jerry Brown recently signed into law Assembly Bill 1964, the Workplace Religious Freedom Act of 2012. Set to take effect on January 1, 2013, AB 1964 clarifies existing law pertaining to religious discrimination and...more

Termination Two Days Before Taking FMLA Leave “Unusually Suggestive,” New Jersey District Court Holds

In St. Cyr v. Brandywine Senior Living, Inc., 20 U.S. Dist. LEXIS 85426 (D.N.J. June 20, 2012), the court denied summary judgment in an FMLA interference and retaliation suit in which an employee was terminated a mere two...more

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