News & Analysis as of

Care for parent leads to firing

Can an employer terminate an employee out of a belief that the employee is too distracted from his job duties due to caring for a relative with a disability? That was the issue in the recent case, Kourimihelakis v. Hartford...more

Ontario Divisional Court Upholds Controversial Award of the Ontario Human Rights Tribunal

In Hamilton-Wentworth District School Board v Fair, the Ontario Divisional Court upheld two noteworthy decisions of the Ontario Human Rights Tribunal. In the Tribunal’s first decision, it found that the Hamilton-Wentworth...more

Major changes in store for Tennessee wrongful discharge law

Last month, Tennessee Governor Bill Haslam signed into law legislation (Public Chapter 995) that will significantly amend the Tennessee Human Rights Act (“THRA”), the Tennessee Public Protection Act (“TPPA”), and the...more

Is An Employee Who Is Six Days out of Rehab “Disabled” Under the TCHRA?

The Texas Commission on Human Rights Act (TCHRA) provides that a “current condition of addiction” to alcohol, drugs, or controlled substances is not a covered “disability.” In Melendez v. Houston Independent School District...more

Employee Stated a Claim for Associational Discrimination when Fired After Seeking Time Off to Donate a Kidney to his Sister

A trial court dismissed a lawsuit by a former employee against an employer who fired him after he requested leave to donate a kidney to his physically disabled sister. A court of appeal held that the trial court erred in...more

EEOC Sues Saint Joseph’s Hospital for Disability Discrimination

Hospital Refused to Accommodate Nurse's Disability, Refused to Reassign, Then Terminated Her, Federal Agency Charged - TAMPA, Fla. - Saint Joseph's Hospital, part of the BayCare Health System, the second-largest...more

Employer Must Prove Indefinite Leave Is Undue Hardship Under NYCHRL, Says New York’s Highest Court

Can an employee state a claim for a disability discrimination termination when he advises his employer that his return to work date "is indeterminate at this time" and the employer, without further discussion with the...more

The Pines of Clarkston Unlawfully Fired Administrator Because of Epilepsy, EEOC Charges

Woman Terminated Because Physical Exam Disclosed Condition, Federal Agency Charges - DETROIT - The Pines of Clarkston, a Clarkston, Mich., operator of a chain of assisted living facilities violated federal law by...more

Massachusetts High Court Approves State Law Associational Handicap Discrimination Claim

In a case of first impression, the Massachusetts Supreme Judicial Court (SJC) has approved a worker’s claim under the Commonwealth’s anti-discrimination law, Mass. G.L. c. 151B, that his former employer discriminated against...more

EEOC Sues MPW Industrial Services For Disability Discrimination

Company Fired Laborer Because of Back Impairment, Federal Agency Charges - PITTSBURGH -- MPW Industrial Services, a provider of industrial cleaning, facility management and labor support services, fired an employee...more

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

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

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

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

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

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

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

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