Wrongful Termination Americans with Disabilities Act

News & Analysis as of

4th Circuit Bounces Bank's Request to Dismiss Manager's FMLA Case

In a relatively recent decision, the U.S. Court of Appeals for the 4th Circuit (whose rulings apply to all South Carolina employers) found that an employer's faulty notice to an employee about his rights under the Family and...more

Bentonville McDonald’s To Pay $103,000 To Settle EEOC Disability Discrimination Suit

Restaurant Fired Employee Because of His HIV Status, Federal Agency Charged - LITTLE ROCK, Ark. - A McDonald's restaurant owned and operated by Mathews Management Company and Peach Orchard, Inc. in Bentonville, Ark.,...more

Fifth Circuit Flips Grant Of Summary Judgment Against EEOC in ADA Case

Seyfarth Synopsis: In an ADA action regarding disability discrimination, the Fifth Circuit reversed a District Court’s grant of summary judgment in favor of the employer and against the EEOC, noting that even though the...more

Diallo’s Of Houston Sued by EEOC For Disability Discrimination

Nightclub and Party Venue Illegally Fired Disabled Employee After Making an Unlawful Medical Inquiry Based on HIV Hearsay - HOUSTON - Diallo's, a Houston-area nightclub and party venue, violated federal...more

EEOC Sues M&T Bank for Disability Discrimination

Bank Fired Manager Instead of Accommodating Her Disability, Federal Agency Says - BALTIMORE - Manufacturers and Traders Trust Company, doing business as M&T Bank, violated federal law when it refused to provide a...more

Wisconsin Court Rejects Employer’s Argument That Wellness Programs Are Insulated from Disability Law

Trial to Be Scheduled on Retaliation Claim - MILWAUKEE - A federal court has ruled in favor of the U.S. Equal Employment Opportunity Commission (EEOC) in a disability discrimination case involving wellness programs filed...more

Just What The Doctor Ordered: Court Denies The EEOC’s Motion For Summary Judgment In ADA Suit Regarding Employer’s Wellness...

Seyfarth Synopsis: After the EEOC brought an action under the Americans With Disabilities Act against an employer who implemented a wellness program requiring employees to take a health assessment to participate, the Court...more

One Expensive Bottle of Orange Juice: Denial of a $1.69 Orange Juice Costs Dollar General $277,565 in Back Pay and Damages

On September 16, 2016, a Tennessee jury awarded Linda Atkins, a former Dolgencorp LLC (“Dollar General” or the “Company”) Sales Associate, $277,565 in back pay and compensatory damages after being fired for drinking orange...more

Apria Healthcare Group to Pay $100,000 To Settle EEOC Disability Discrimination Suit

Company Laid Off Warehouse Clerk After She Notified Them of Medical Restrictions, Federal Agency Charged - ALBUQUERQUE, N.M. - Apria Healthcare Inc., a home medical provider that offers medical equipment and services in...more

New Image Building Services Sued By EEOC for Disability Discrimination

Employee Discharged Because He Has Scoliosis, Federal Agency Charges - DETROIT - New Image Building Services, Inc., a Troy, Mich.-based cleaning company, has been sued by the U.S. Equal Employment Opportunity Commission...more

Regis Corporation to Pay $60,000 to Settle EEOC Disability Discrimination Suit

Hair Salon Refused to Accommodate Stylist's Claustrophobia, Agency Charged - MIDLAND, Texas - Minnesota-based Regis Corporation, doing business as SmartStyle, will pay $60,000 in damages and back pay to former hair...more

EEOC Sues Cushman & Wakefield for Disability Discrimination

Commercial Real Estate Services Company Fired Employee with Breast Cancer, Federal Agency Charges - BALTIMORE - Cushman & Wakefield refused to provide a reasonable accommodation to an employee with breast cancer and...more

EEOC Sues McDonald’s Franchise for Disability Discrimination

Bentonville Restaurant Management Companies Fired Employee Because of His HIV Status, Agency Charges - LITTLE ROCK, Ark. - A McDonald's restaurant owned and operated by Mathews Management Company and Peach Orchard,...more

Liberty Chrysler Dealerships to Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

Saleswoman Unlawfully Fired Because of Her MS, Federal Agency Charges - RENO, Nev. - Three integrated Nevada-based car dealerships will pay $50,000 to an employee who was fired because of her multiple sclerosis and...more

Kroger to Pay $33,000 to Settle EEOC Disability Discrimination Suit

Grocery Giant Fired Cashier at Howell Store Because of Back Impairment, Federal Agency Charged - DETROIT -The Kroger Company of Michigan will pay $33,000 and provide other relief to settle a federal disability...more

California Employment Law Notes - May 2016

Employee Who Needed To Assist Disabled Son Could Proceed With "Associational Disability Discrimination" Claim - Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) - Luis...more

Connection to Someone With a Disability is Nearly Identical to an Actual Disability

As disability discrimination and accommodation claims continue to rise across the country, an appellate court in California may have just helped significantly expand such claims in the future by finding that an employee can...more

Wrongful Termination & Disability Discrimination: Sarkisian Goes Head to Head With USC

After a much publicized struggle with alcoholism and public firing by the University of Southern California, former head coach for the football team, Steve Sarkisian, has filed a lawsuit against the...more

Interplay Between Texas Workers' Compensation Law and Federal Family Medical Leave Act: Texas Supreme Court Addresses Impact of...

On December 4, 2015, the Texas Supreme Court provided significant guidance for employers by clarifying the relationship between the Texas Worker’s Compensation Act and the federal Family Medical Leave Act ("FMLA") in...more

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

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