News & Analysis as of

Termination Hiring & Firing Disability Discrimination

The ADA Is Not a Medical Leave Entitlement, Seventh Circuit Declares

Today’s employers must run their businesses within the competitive environment in which they operate while affording employees an ever-increasing array of leaves. Yet, running a business without a full complement of employees...more

Third Circuit Finds No ADA Violation Where Employee Deemed Unfit for Duty

by Reed Smith on

On Tuesday August 15, the U.S. Court of Appeals for the Third Circuit affirmed the dismissal of a claim for disability discrimination, where the plaintiff was deemed psychologically unfit for duty and subsequently had his...more

Employer Beware: When “Good” Isn’t Good Enough (Disability Bias)

Two court decisions came out last week that ought to scare the heck out of employers. Both involved employers who seem to have been aware of their legal obligations and tried to comply. The employers lost their cases...more

Nurse’s Disability Discrimination Claims May Proceed To Trial, New Jersey Supreme Court Rules

by Jackson Lewis P.C. on

A registered nurse employed by a New Jersey health care system for approximately 10 years may proceed to a jury trial with her disability and perceived disability claims under the New Jersey Law Against Discrimination, the...more

M&T Bank Sued by EEOC for Disability Discrimination at Hudson City Savings Bank

Predecessor Bank Refused to Accommodate Bank Branch Employees' Disabilities and Put Them on Involuntary Leave, Federal Agency Charges - NEW YORK - The U.S. Equal Employment Opportunity Commission (EEOC) filed suit today...more

Supreme Court of Canada Rules No Discrimination for Termination of Drug Addicted Employee

On June 15, 2017, the Supreme Court of Canada (SCC) released its decision in Stewart v. Elk Valley Coal Corp. (Stewart). Stewart is a welcome decision for employers looking to improve and enforce alcohol and drug policies in...more

From the Tinfoil Hat Files: Plaintiff Sleeping on the Job Claims Sensitivity to Electromagnetic Voltage

The 7th Circuit, in a short opinion issued April 6, zapped a plaintiff’s claim that he was terminated in violation of the ADA based on his condition of being overexposed to electromagnetic voltage at his job. Mr. Hirmiz, a...more

4.5 Million Disability Discrimination Verdict Against Auto Dealer Who Failed to Investigate

by Jackson Lewis P.C. on

A federal jury in Florida has awarded $4.5 million against an auto dealer for claims of disability discrimination under the Florida Civil Rights Act (FCRA). Axel v. Fields Motorcars of Florida, Inc., No. 8:15-cv-893-17JSS...more

Employee Suspected of Drug Diversion Could Not Establish “Regarded as Disabled” Claim

by Jackson Lewis P.C. on

An appellate court recently affirmed summary judgment in favor of a hospital that terminated the employment of a nurse for diverting medications, rejecting her claim that she had been perceived to be a drug addict by her...more

You Can’t Fire Me for Drug Diversion If I Am Personally Consuming the Drugs

by BakerHostetler on

A nurse employed by a major medical center was suspected of illegally diverting medications. When confronted by her employer with evidence of suspicious transactions recorded by the provider’s medication monitoring systems,...more

What is a Reasonable Accommodation under the Americans with Disabilities Act? The City of Philadelphia’s Costly Reminder to...

by Fisher Phillips on

On July 9, 2012, David Moore filed a Charge with the United States Equal Employment Opportunity Commission (“EEOC”) (Charge No. 530-2012-02470) alleging that the City of Philadelphia failed to reassign him to a new job as a...more

Kansas City Gives St. Louis A Run For The Money–Literally

St. Louis and Kansas City have long been cross-state baseball rivals. Who can forget the 1985 I-70 World Series? So it is hardly surprising that on the eve of St. Louis being named by the American Tort Reform Association...more

Opposing Employer Actions Directed at General Public Not Protected Activity

by Seyfarth Shaw LLP on

Seyfarth Synopsis: An employee who expresses opposition to an employer’s policies and practices that affect members of the general public is not engaging in an activity that FEHA protects, because the activity is not opposing...more

What’s an “Implied” Request for an ADA Reasonable Accommodation?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A divided panel of the Eighth Circuit recently decided that an employer may be required to assume or infer from the circumstances that an employee is seeking a reasonable accommodation – even when no...more

Granite Mesa Health Center Sued By EEOC for Disability Discrimination and Retaliation

Nursing Home Fired a Certified Nurse Assistant When He Disclosed He Was HIV-Positive, Federal Agency Charged - AUSTIN, Texas - A nursing home violated federal law by discharging an employee who hesitated when ordered to...more

EEOC Sues Legendary Baking For Disability Discrimination

Federal Agency Says Food Service Company Denied Long-Term Employee Accommodations, Then Fired and Failed to Rehire Her Because of Her Disability - CHICAGO - American Blue Ribbons Holding, LLC, dba Legendary Baking,...more

Bartender, fired for smoking marijuana at work, loses human rights complaint

by Dentons on

A B.C. bartender has lost his human rights compliant after he was dismissed for smoking marijuana on shift. The bartender also served as assistant manager of the restaurant. The employer had a policy that prohibited...more

California Employment Law Notes - July 2016

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

UK Tribunal Defines Some Limits on Employee Privacy Protections and Expands Anti-Discrimination Rights

Employee’s Privacy Rights - European courts continue to grapple with the limits on employee protections under Article 8 of the European Convention of Human Rights. Article 8 protects a person’s right to respect for...more

The Importance of Job Descriptions

by Tucker Arensberg, P.C. on

The importance of having accurate job descriptions for employees was illustrated by a recent case. In that case, the employee was let go by an employer after suffering a non-work related injury that the employer believed...more

Employers Need to Consider Accommodation Requests Made at Any Time During a Disabled Employee’s Employment

by Foley & Lardner LLP on

Can an employer simply ignore a request by a disabled employee for an accommodation made in a meeting that could lead to the employee’s termination? A recent federal case from Wisconsin says no. In the case, the former...more

Death Threats Lead To Employer's ADA Victory

by Fisher Phillips on

It is rare that the most employee-friendly of all federal appellate courts cites “common sense” in support of one of its decisions. The 9th Circuit Court of Appeals recently did just that, however, dismissing a disability...more

Building Materials Manufacturing Corp to Pay $62,500 to Settle EEOC Disability Lawsuit

Agency Alleged Company Refused to Permit Disabled Worker to Exercise Bumping Rights in a Layoff - ATLANTA - Building Materials Manufacturing Corporation, a roofing materials manufacturer headquartered in Wayne, N.J.,...more

Even In Colorado, Employees May Be Terminated for Medical Marijuana Use In Violation of Company Drug Policy

by Akerman LLP - HR Defense on

In Coats v. Dish Network, LLC, the Supreme Court of Colorado upheld an employer’s decision to terminate the employment of a quadriplegic employee who worked as a customer service representative and who held a state-issued...more

Court Shoots Down ADA Discrimination Claim Premised on Employer's Alleged Embarrassment

by Hinshaw & Culbertson LLP on

It would never occur to most employers that "embarrassment" could serve as the grounds for a disability discrimination claim, but that's exactly what an employee attempted to argue in Lester v. City of Lafayette. In this...more

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