News & Analysis as of

Americans with Disabilities Act Disability Discrimination Equal Employment Opportunity Commission

The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation,... more +
The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation, communications and governmental activities. The Act defines a covered disability as those mental or physical impairments that substantially interfere with one or more major life activities.  Five different federal agencies are responsible for enforcing the ADA: Department of Labor, Department of Justice, Federal Communications Commission, Department of Transportation and the Equal Employment Opportunity Commission.  less -

Strataforce Settles EEOC Disability Discrimination Lawsuit

Company Required Applicants to Complete an Unlawful Pre-Offer Health Questionnaire, Federal Agency Charged - INDIANAPOLIS -- Strataforce, a staffing firm with offices in California, Indiana, North Carolina, and South...more

Long-Term Leave Under the ADA May Be Another Step Closer to Becoming a Thing of the Past

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Eleventh Circuit is the next to find a long-term leave of absence is not a reasonable accommodation under the ADA. Just a few months after a recent and definitive decision by the Seventh Circuit...more

The Leaves Are Falling: Differing Interpretations Of Leave As ADA Accommodation

The United States Equal Employment Opportunity Commission (EEOC) has consistently maintained that leaves of absence should be considered as a form of reasonable accommodation under the Americans with Disabilities Act (ADA)....more

Managing the Interplay Between the ADA, FMLA and WC

by Foley & Lardner LLP on

The following description may seem quite familiar to those who deal with employee issues on a daily basis. Your employee, who has a physically demanding job on the factory floor, has been out on leave for an injury that he...more

Phoebe Putney Hospital Sued by EEOC For Disability Discrimination

Hospital Discharged Employee Because She Requested Leave Due to Her Medical Condition, Federal Agency Charged - ATLANTA - Phoebe Putney Memorial Hospital, a regional medical center located in Albany, Ga., violated federal...more

Trick or Treat? Employee Claims Discrimination After Attending Office Halloween Party

Before you send out that next office-wide invite to a “holiday” party, think twice. Carmelite Lofton has sued her employer, BSN Sports, LLC—a Texas uniform and equipment retailer—when things turned sour after she was forced...more

Gavel to Gavel: Surge in claims necessitates updates

by GableGotwals on

It’s important employers review their policies, procedures and training programs when it comes to mental health disabilities in the workplace. With one in four Americans experiencing some kind of mental impairment, no...more

Changing of the Leaves: EEOC Again Pushes for Additional Leave as ADA Accommodation

We have said it before — the EEOC believes that leave is a reasonable accommodation and automatic termination when FMLA leave runs out violates the Americans with Disabilities Act. Even though at least one federal court has...more

Kaiser Aluminum Settles EEOC Disability Discrimination Lawsuit

Agreement Provides $175,000 and Job Offer for Construction Worker - SPOKANE, Wash. - Kaiser Aluminum Corporation, the leading producer of fabricated aluminum products in the United States, will pay $175,000 and reinstate...more

Top 5 Tips For Conducting Pre-Employment Medical Exams

by Jackson Lewis P.C. on

In a recently filed lawsuit, the U.S. Equal Employment Opportunity Commission contends that Consolidated Edison Co. (“Con Ed”) violated the Americans with Disabilities Act (“ADA”) and the Genetic Information...more

Is an Extended Leave of Absence a Reasonable Accommodation?

by Stinson Leonard Street on

The U.S. Court of Appeals for the Seventh Circuit recently held in no uncertain terms that "a multi-month leave of absence is beyond the scope of a reasonable accommodation under the ADA." ...more

Seventh Circuit Rejects EEOC Position Holding That a "Long-Term Leave of Absence" is Not a Reasonable Accommodation

by Clark Hill PLC on

On September 20, 2017, the Seventh Circuit held a "long-term leave of absence," in addition to 12 weeks of Family Medical Leave Act (FMLA) leave, is not a reasonable accommodation under the Americans with Disabilities Act...more

Seventh Circuit Provides Clarity on Leaves of Absence and the ADA

by Holland & Knight LLP on

The U.S. Court of Appeals for the Seventh Circuit recently held that an employer's refusal to offer an employee a two- or three-month medical leave of absence following his exhaustion of his Family Medical Leave Act (FMLA)...more

Seventh Circuit Puts the Brakes on Never-ending Leave Under the ADA

by Foley & Lardner LLP on

Employers everywhere have been repeatedly warned not to automatically terminate employees who have exhausted their Family and Medical Leave Act (FMLA) leave. Instead, employers should first consider whether the employee might...more

Seventh Circuit Holds That Extension of A Medical Leave Is Not A Reasonable Accommodation

On September 20, 2017, the Seventh Circuit held that an extension of a medical leave more than a few days beyond the 12 weeks provided by the Family and Medical Leave Act (“FMLA”) is not a reasonable accommodation under the...more

EEOC alleges medical exams and questionnaires violate ADA, GINA

by McAfee & Taft on

The Americans with Disabilities Act (ADA) limits an employer’s ability to make disability-related inquiries or subject individuals to medical exams. No such inquiries or exams may be made until an offer of employment is made....more

EEOC Sues Evergreen Kia For Sexual Orientation and Disability Discrimination

Car Dealership Owner Subjected Employee to Constant Harassment for Being Gay and Having Crohn's Disease, Federal Agency Charges - CHICAGO - Chicago car dealership Evergreen Kia violated civil rights law by subjecting an...more

EEOC Sues Heart’s Desire for Disability Discrimination

Home-Based Care Provider Fired Employee With HIV, Federal Agency Charges - NEW ORLEANS - Heart's Desire, LLC, a Monroe, La., home-based care provider, violated federal law when it discriminated against an employee because...more

Make Sure You’re On Target When Using Direct Threat Defense

by Fisher Phillips on

An employer’s personnel decisions do not always have to be “correct” in order to avoid liability under most federal and state anti-discrimination laws. If you decide to terminate an employee for engaging in workplace...more

Kessinger Hunter Management Sued By EEOC For Disability Discrimination

Kansas City Property Management Company Refused to Grant an Employee's Request for a One-Week Extension of Medical Leave to Recuperate From Surgery - ST. LOUIS - Kessinger Hunter Management (KHM), a national commercial...more

EEOC Sues Home Depot For Disability Discrimination

Peru, Ill., Store Fired Employee Because of Her Irritable Bowel Syndrome and Fibromyalgia in Violation of ADA, Federal Agency Charges - CHICAGO - Home Depot failed to accommodate and then fired an employee who had a...more

EEOC Sues San Diego Company Insideup for Disability Discrimination

Employee with COPD, Emphysema and Asthma Denied Accommodation, Federal Agency Charged - SAN DIEGO, Calif. - InsideUp, Inc., a San Diego-based company, violated federal law when its managers refused to provide an...more

Jacksons Food Sued by EEOC for Disability Discrimination for the Second Time

Employee Recovering from Wrist Surgery Forced to Train Replacement, Then Fired, Federal Agency Charges - BOISE, Idaho - Jackson Energy, a division of Jacksons Food Stores, violated federal law by refusing to accommodate a...more

EEOC Sues Norfolk Southern Corporation For Company-Wide Disability Discrimination

Railroad Unlawfully Disqualified Workers Because Of Disabilities, Federal Agency Charges - PITTSBURGH, Pa. - Norfolk Southern Corporation and subsidiary Norfolk Southern Railway Company, a provider of rail-based...more

EEOC Sues Dollar General for Disability And Genetic Information Discrimination

Retail Giant Rescinded Job Offers Based on Disabilities and Demanded Family Medical History During Post-Offer Medical Exams, Federal Agency Charges - BIRMINGHAM, Ala. - Dolgencorp, LLC, dba Dollar General Stores, Inc.,...more

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