News & Analysis as of

EEOC Sues Wal-Mart for Disability Discrimination

Retailer Rescinded Accommodation, Then Fired Intellectually Disabled Employee, Federal Agency Charges - ROCKFORD, Ill. - The U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit here yesterday against...more

America's Largest Drug Store Chain to Pay $180,000 to Settle EEOC Disability Discrimination Suit

South San Francisco Walgreens Fired Longtime Employee With Diabetes Over a $1.39 Bag of Chips, Federal Agency Charged - SAN FRANCISCO - Drugstore giant Walgreens has agreed to pay $180,000 to a longtime employee with...more

New EEOC Guidelines Regarding Employers’ Obligations With Respect to Background Checks and Accommodation of Religious Dress and...

The Equal Employment Opportunity Commission (“EEOC”) recently announced new guidelines that may impact the way employers conduct background checks and accommodate religious dress and grooming practices....more

Quirky Question #232, We Can Require Our Employee To Work At The Office, Right?

Question: We are a medium-sized Minnesota employer. Our lead accountant recently spoke with our Director of Human Resources and requested to work from home several days a week due to a medical condition. We believe...more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 45: What Is A Disability?

Ever since disability discrimination became illegal, the most pressing question has been how to define a disability. One of the first issues the courts faced was how to deal with disabilities that could be corrected with...more

Is Telecommuting a More ‘Reasonable’ Accommodation Under the ADA?

On April 22, 2014, the Sixth Circuit Court of Appeals in EEOC v. Ford Motor Company reviewed whether a telecommuting arrangement could be a reasonable accommodation for an employee suffering from a debilitating disability....more

Home Sweet Home: 6th Circuit Rules that Showing up for Work is not Required

Changes in telecommuting practices may be around the corner for many employers, as the recent 2-1 decision in EEOC v. Ford Motor Co., 2014 FED App. 0082P (6th Cir. 2014) may usher in significant changes in what constitutes a...more

Tenth Circuit Upholds Employer’s Inflexible Leave Policy

Equal Employment Opportunity Commission (EEOC) guidance provides that employers violate the Americans with Disabilities Act (ADA) by enforcing inflexible policies with specified leave limits. The EEOC has filed lawsuits...more

Fifth Circuit Finds Attendance to be Essential Job Function

In recent years, the Equal Employment Opportunity Commission has taken the position that regular job attendance may not be an essential job function under the Americans with Disabilities Act. Under the ADA, employers are...more

EEOC Will Release Enforcement Guidance Addressing an Employer’s Obligation to Reasonably Accommodate Pregnant Workers; Employers...

The Equal Employment Opportunity Commission – the agency responsible for enforcing most of the federal discrimination laws – is preparing to issue new guidance addressing an employer’s obligation to reasonably accommodate...more

Extended Leave Not a Reasonable Accommodation under the Rehabilitation Act, 10th Circuit Holds

A recent appellate court ruling may affect the ability of the Equal Employment Opportunity Commission (EEOC) to challenge "inflexible" employer leave policies, policies that result in the termination of employees who are...more

Lifecare Medical Services to Pay $72,500 to Settle EEOC Disability Lawsuit

Employee With MS Denied Accommodation and Fired, Federal Agency Charged - CLEVELAND - Lifecare Medical Services, Inc., an Ohio medical transportation services company, will pay $72,500 and provide other relief in order...more

EEOC Provides Stark Reminder of Scope of Religious Accommodation

When most employers hear the term “reasonable accommodation,” their thoughts immediately turn to the Americans with Disabilities Act (ADA). But the ADA is not the only federal statute that requires employers to accommodate...more

EEOC Emphasizes the Importance of Providing Appropriate Accommodations for Religious Attire and Grooming Practices in the...

As religious diversity in the United States increases, and in light of the ever- present role of religion in international political tensions, religious discrimination claims have increased in recent years. Charges filed with...more

Employment Law - May 2014

Telecommuting May Constitute A Reasonable Accommodation Under The ADA - Why it matters: Telecommuting may constitute a reasonable accommodation under the Americans with Disabilities Act, the 6th U.S. Circuit Court of...more

EEOC Targets Another “No-Fault” Attendance Policy

On Friday, the EEOC filed a lawsuit against AutoZone targeting the company’s “no fault” attendance policy because of its negative impact on disabled employees requesting accommodations. The suit, EEOC v. Autozone, Inc., No....more

Telecommuting May Be a Reasonable Accommodation under the ADA

Modern technology has dramatically changed the way we do business both in and out of the office. While regular attendance can be an essential function of many jobs, telecommuting is a viable option for others. In fact, there...more

Advances in technology require another look at telecommuting as a reasonable accommodation

The Sixth Circuit Court of Appeals revived an Americans with Disabilities Act (ADA) suit brought on behalf of an ex-Ford Motor Company worker, showing that courts are warming to telecommuting as an ADA accommodation. As a...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

EEOC Files Suit Alleging Attendance Policy Failed To Accommodate Disabled Employees

On Friday, the EEOC filed suit against AutoZone, alleging that the car repair company violated the Americans With Disabilities Act by applying its attendance policy in a way that failed to accommodate certain...more

Are Employers Required to Accommodate Theft under the ADA?

Reasonable accommodation of employee misconduct is not a new issue. But an unusual twist in a recent court ruling may require employers to accommodate employee theft under the Americans with Disabilities Act (ADA)....more

Labor & Employment E-Note - May 2014

In This Issue: - Disability Policies and Forms May Violate ADA, EEOC Says - Court Draws the Line Between Attendance and Physical Presence - Using Medical Condition in Hiring Has ADA Implications, EEOC Says -...more

Sneakers Corp / Just Sneakers to Pay $18,000 to Settle EEOC Disability Lawsuit

Legally Blind Veteran Denied Accommodation and Fired, Federal Agency Charged - BIRMINGHAM, Ala. - The Sneakers Corporation, doing business as Just Sneakers, Inc., will pay $18,000 and furnish other relief to settle a...more

Can Telecommuting Be A Reasonable Accommodation Under The ADA?

Last month, in EEOC v. Ford Motor Company, the Sixth Circuit Court of Appeals (covering Tennessee, Kentucky, Ohio, and Michigan) held for the first time that employers may be required to permit employees to telecommute as a...more

New Decision Highlights Courts' Growing Acceptance of Telecommuting as ADA Accommodation

When the Americans with Disabilities Act became law in the early 1990s, employers and federal courts were confronted with claims by disabled employees that telecommuting should be recognized as a required form of reasonable...more

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