Termination, ADA | JD Supra Law News

Termination For Failure To Admit Prior Drug Addiction Does Not Violate ADA

by David B. Weisenfeld | XpertHR - Partnered with LexisNexis on 5/2/2013

An employer that terminated an employee for concealing his prior drug addiction on a job application to be a security guard did not violate the Americans with Disabilities Act (ADA), the 3rd Circuit Court of Appeals has...more

Does Partial Deafness Constitute a Disability Under the ADAAA? The Question Remains Unanswered

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/29/2013

A federal court in Pennsylvania recently dismissed a lawsuit filed by a female newspaper page designer who claimed that she was laid off because of her gender and her deafness in one ear. Mengel v. Reading Eagle Company, No....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

Employer’s Judgment About What Constitutes an Essential Job Function Carries Substantial Weight

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/23/2013

Is being licensed to drive a commercial vehicle an “essential function” of a warehouse manager’s position, even though that manager rarely is required to drive? According to the Eighth Circuit Court of Appeals, that answer...more

Can My Employer Fire Me After I Have A Received A Workers Compensation Judgment?

by Berry, Sahradnik, Kotzas & Benson on 3/25/2013

A retail worker with a partial permanent disability from a workplace accident applies for a job later in the same company’s warehouse. He’s doing a good job, but when his new boss learns of the workers compensation...more

Take A Deep Breath: Employers May Conduct Random Alcohol Tests

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 2/26/2013

A district court in Pennsylvania held that an employer may require probationary employees in safety sensitive positions to undergo random alcohol testing without violating the Americans with Disabilities Act (ADA) if it can...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

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

EEOC Sues Womble Carlyle for Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 1/18/2013

Law Firm Fired Employee Because of Her Lymphatic Condition, Federal Agency Charges - WINSTON-SALEM, N.C. - Womble Carlyle Sandridge & Rice, LLP, a law firm with offices primarily in the southeastern United States,...more

EEOC Sues Fidelity Engineering Corporation for Disability Discrimination and Retaliation

by U.S. Equal Employment Opportunity Commission... on 1/11/2013

HVAC Company Fired Employee Because of Heart Condition and Refused to Rehire Him After He Filed a Discrimination Charge, Federal Agency Said - BALTIMORE - A leading provider of mechanical heating, ventilation and air...more

EmployerLINC.com - January 10, 2013: Following the rules does pay off

by Sharolyn Whiting-Ralston | McAfee & Taft on 1/11/2013

My husband frequently makes fun of my innate nature to follow rules. When a sign at the store says don’t carry merchandise into the restroom, I don’t. I go in through the “in” door and out through the “out” door. Boring...more

Your Employer Can’t Fire You for Taking Rx Medication

by Michele Bowman | Lawyers.com on 1/10/2013

An Ohio company has been fined $50,000 by the EEOC after firing an employee who tested positive for prescribed medication for her bipolar disorder. The agency accused the company of violating the Americans with Disabilities...more

McCormick & Schmick’s to Pay $47,814 to Settle EEOC Disability Discrimination Lawsuit

by U.S. Equal Employment Opportunity Commission... on 1/9/2013

Deaf Prep Cook at National Harbor Restaurant Demoted, Harassed, Retaliated Against and Fired, Federal Agency Charged - BALTIMORE - McCormick & Schmick's Seafood Restaurant, Inc. will pay $47,814 and provide other...more

J.A. Thomas & Assoc. Agrees to Pay $350,000 to Settle EEOC Disability Discrimination Suit

by U.S. Equal Employment Opportunity Commission... on 1/8/2013

Health Care Consulting Firm Refused to Rehire Bilateral Amputee, Federal Agency Charged - DETROIT-The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it has resolved its suit against J.A....more

Dayton Superior Corporation to Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

by U.S. Equal Employment Opportunity Commission... on 1/7/2013

Federal Agency Charged Company Fired Employee Because of Her Bipolar Disorder - ATLANTA - Dayton Superior Corporation, a nationwide provider of concrete and masonry construction products, will pay $50,000 to settle a...more

Fox Den Apartments to Pay $37,000 to Settle EEOC Disability Suit

by U.S. Equal Employment Opportunity Commission... on 1/7/2013

Property Manager Was Terminated After Heart Attack, Federal Agency Charged - ATLANTA -Oxford Glenn Of Wrightsboro, LLC, Stansberry and Company LLC, and Stansberry Management, LLC, d/b/a Fox Den Apartments will pay...more

EEOC Sues Camden Place Health & Rehab, LLC for Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 12/31/2012

Nursing Home Failed to Provide Certified Nursing Assistant with Reasonable Accommodation and Discharged Her Because of Her Disability, Federal Agency Charges - GREENSBORO, N.C. - Camden Place Health & Rehab, LLC, a ...more

Henderson Nursing and Rehabilitation Center Sued by EEOC for Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 12/28/2012

Employee Fired Because of Her Disability, Agency Charges - HENDERSON, N.C. - Britthaven, Inc. and its successor, Principle Long Term, Inc., operators of a nursing and rehabilitation center in Henderson, N.C.,...more

No Finger Pointing: Staffing Firms And Their Clients Can Both Get Sued For Disability Discrimination Under The ADA

by Melissa Burdorf | XpertHR - Partnered with LexisNexis on 12/6/2012

The Equal Employment Opportunity Commission (EEOC) filed a disability discrimination lawsuit against both Staffmark Investment LLC and Sony Electronics, Inc., claiming that both companies violated the Americans with...more

EEOC Obtains $5 Million Settlement in ADA Pattern and Practice Lawsuit

by Abizer Zanzi | Franczek Radelet P.C. on 11/14/2012

The Equal Employment Opportunity Commission reported in a press release that Interstate Distributor Company, a trucking firm, agreed to pay $4.85 million to settle a lawsuit alleging pattern and practice violations of the...more

An Indefinite Exemption From The Essential Functions Of A Job Is Not A Reasonable Accommodation Under The ADA

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/27/2012

An issue that confounds employers on a regular basis is whether the discharge of an employee who is unable to return to work after a medical leave will violate the American with Disabilities Act (ADA). Most employers...more

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Termination › ADA