News & Analysis as of

Discrimination Claim—Based on Association to Disabled Relative—Survives Dismissal Request

In Rope v. Auto-Chlor System of Washington, Inc., plaintiff Scott Rope, a former branch manager for Auto-Chlor, sued his employer for violation of the newly-enacted Michelle Maykin Memorial Donation Protection Act,...more

California Court Further Expands FEHA Protections To Employees Based On Association With Disabled Person

Rope v. Auto-Chlor System of Washington, Inc., No. B242003 (October 16, 2013): Recently, a California Court of Appeal held that a fired employee could proceed with a lawsuit in which he claimed that his employer discriminated...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

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

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

Ninth Circuit Rejects Disability Bias Claim Brought By California Store Manager

Lawler v. Montblanc North America, LLC, No. 11-16206 (January 11, 2013): The Ninth Circuit Court of Appeals recently upheld the dismissal of a lawsuit where the employee could not show that she was fired for requesting four...more

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

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

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

California Employment Law Notes - January 2013

In This Issue: - $1.347 Million Award To Former General Counsel For Breach Of Implied Contract Is Upheld - Faigin v. Signature Group Holdings, Inc., 211 Cal. App. 4th 726 (2012) - $114,000 Pregnancy...more

EEOC Sues Fidelity Engineering Corporation for Disability Discrimination and Retaliation

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

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

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

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

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

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

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

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

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

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

Doing Business in Canada: Employment & Labour

The relationship between an employer and an employee in Canada is heavily regulated. All jurisdictions in Canada – both federal and provincial - have enacted legislation (statutes and regulations) governing various aspects of...more

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

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

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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