Wrongful Termination Americans with Disabilities Act

News & Analysis as of

Extra Paperwork Triggers EEOC to File ADA Suit in South Carolina

The EEOC recently filed a disability discrimination suit in a South Carolina federal court (Equal Employment Opportunity Commission v. Correct Care Solutions, LLC). The complaint alleges that Correct Care Solutions, LLC,...more

EEOC Sues Correct Care Solutions for Disability Discrimination

Health Care Provider Fired Employee With Seizure Disorder Despite Doctor's Clearance, Federal Agency Charges - COLUMBIA, S.C. - Correct Care Solutions, LLC, a Kansas corporation that provides medical services to...more

EEOC Nationwide Disability Discrimination Case Against Autozone to Proceed

Court Rejects Auto Parts Retailer's Request to Second-Guess EEOC Investigation - CHICAGO - A federal district court has denied a request by auto parts retailer AutoZone to limit the scope of a nationwide disability...more

Employers and medical marijuana: Are California's anti-drug policies up in smoke?

What’s an employer to do when faced with employees using marijuana in or out of the workplace? How should employers respond to employees who use or possess marijuana legally under California law? How does such use or...more

EEOC Sues Physicians’ Specialty Hospital for Disability Discrimination

Hospital Refused to Accommodate Nurse With Seizure Disorder, Federal Agency Charges - LITTLE ROCK, Ark. - A physician-owned hospital in Fayetteville, Ark., violated federal law by failing to accommodate a nurse with a...more

Emory University Hospital Sued By EEOC for Disability Discrimination

Hospital Failed to Provide a Reasonable Accommodation to an Employee After Emergency Surgery, Federal Agency Charges - ATLANTA - Emory University Hospital, which operates in midtown Atlanta, violated federal law by...more

EEOC Sues Safeway, Inc. For Disability Discrimination

Grocery Store, Refused to Grant Reasonable Accommodation, Fired Clerk, Federal Agency Charges - BALTIMORE -Safeway, Inc., a leading grocery store chain, violated federal law when it refused to accommodate a clerk and...more

E-MDS, Inc. Sued by EEOC for Pregnancy and Disability Discrimination

Company Failed to Provide Disabled Pregnant Employee With Accommodation and Subsequently Fired Her While on Maternity Leave, Federal Agency Charged - AUSTIN, Texas - E-MDS, Inc., an Austin-based business which provides...more

EEOC Sues Methodist Health System for Disability Discrimination

Patient Care Technician With Back Injury Denied Transfer to a Job She Could Perform, Federal Agency Charges - DALLAS - Methodist Health System and Methodist Charlton Medical Center, also known as Charlton Methodist...more

EEOC Sues Muskegon Family Care for Disability Discrimination

Medical Provider Fired Employee with a Disability, Federal Agency Charges - DETROIT - Muskegon Family Care, a medical services provider located in Muskegon, Heights, MI, violated federal law by firing an employee due to...more

Allowing an Employee to Work a Shorter Shift May Be a Reasonable Accommodation

A recent federal district court decision is a good reminder that an employer needs to explore all options before denying an accommodation request, including whether it can go back to an employment practice it has changed and...more

Court Finds Against EEOC And Holds Charging Party Who Represented Herself As Being “Totally Disabled” Was Not Qualified To Perform...

In EEOC v. Vicksburg Healthcare LLC, et al., Case No. 13-CV-895 (S.D. Miss. Aug. 27, 2015), Judge Keith Starrett of the U.S. District Court for the Southern District of Mississippi recently rejected the EEOC’s lawsuit. He...more

Employment Law Commentary - Volume 27, Issue 8, August 2015

The extent of an employer’s duty to provide reasonable accommodations to employees with mental impairments can be difficult to discern, especially in where an adverse action is taken in connection with conduct that is caused...more

Has the Fifth Circuit Opened the Door for Potential Liability of Staffing Companies?

In Burton v. Freescale Semiconductor Inc. and Manpower of Texas, LP, No. 14-50944, — F.3d —-, 2015 WL 4742174 (5th Cir. Aug. 10, 2015), the Fifth Circuit reversed the district court’s grant of summary judgment for two...more

Utah Supreme Court Finds No Employer Protection in Rule of Professional Conduct

The Utah Supreme Court held that Rule 1.13(b) of the Utah Rules of Professional Conduct, which requires in-house counsel to report suspected illegal activity to upper management, does not reflect a “clear and substantial...more

Ninth Circuit Says Employee Who Made Death Threats Against His Co-Workers Could Not Sue His Employer For Disability Discrimination

Joining similar holdings from several other circuits, the Ninth Circuit recently held in Mayo v. PCC Structurals, Inc. that a depressed employee who threatened to kill his co-workers and was thereafter fired was not a...more

Does Threatening To Kill Your Co-Workers Preclude an ADA Claim for Wrongful Termination?

In Timothy James Mayo v. PCC Structurals, Inc., 9th Cir., Case No. 13-35643, the Court of Appeals for the Ninth Circuit held that an employee, who was terminated after making credible death threats against his supervisor and...more

Trend to Limit ADA and FEHA Definitions of Disability Attributed to Behavioral Disorders Affecting Work Relations?

Could there be a trend starting among the courts to put restraints on the reach of the disability discrimination laws when it comes to mental impairments affecting an employee’s ability to get along with others in the...more

Nursing Center Sued by EEOC for Pregnancy and Disability Discrimination

Nursing Center Sued by EEOC for Pregnancy and Disability Discrimination - NHC Healthcare/Clinton, LLC Failed to Provide Pregnant Employee with a Reasonable Accommodation and Subsequently Fired Her, Federal Agency...more

EEOC Sues Dunkin' Donuts for Disability Discrimination

Restaurant Fired Manager Days Before Medical Leave for Cancer Surgery, Federal Agency Charges - BALTIMORE - OHM Concessions Group, LLC, which operates Dunkin' Donuts stores at Baltimore-Washington International Airport...more

Fourth Circuit Affirms EEOC’s Resounding Summary Judgment Defeat in ADA Case

In a case we have previously blogged about several times due to spoliation sanctions imposed on the EEOC – most recently here - the U.S. Court of Appeals for the Fourth Circuit affirmed a ruling out of the Middle District of...more

Can a Fragrance Allergy Lead to an ADA or FMLA Claim?

No, we’re not talking about the skit performed by the McNees Players at our recent Labor and Employment Seminar. In a recent case, an employee alleged that she suffered from a fragrance allergy and “multiple chemical...more

Timing of termination creates question of fact in association discrimination case

In employment law, including association discrimination cases, timing is everything. When Terry Booker was fired from his job of 22 years at Delfasco, a manufacturing facility in Greene County, Tennessee, in March 2012,...more

Employer Fails to Provide Leave of Absence to Probationary Employee, Pays the Price

Adam was a maintenance technician for EZEFLOW, a company which manufactures pipe fittings.  He also was a marine corps veteran who served in both Iraq and Afghanistan. Upon his discharge from the marines, Adam started his...more

Fifth Circuit Adopts Standard in Disability Cases That Will Make it Harder for Employers to Obtain Summary Judgment

In Equal Employment Opportunity Commission v. LHC Group Inc., the Fifth Circuit Court of Appeals evaluated a trial court’s grant of summary judgment to an employer on an employee’s disability discrimination claims. In...more

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