News & Analysis as of

Americans with Disabilities Act Disability Discrimination Title VII

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 -

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

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

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

Allsup’s Settles EEOC Pregnancy and Disability Discrimination Lawsuit For $950,000

Convenience Stores Systematically Discriminated Against Pregnant Workers and Refused to Accommodate Their Pregnancy-Related Disabilities, Federal Agency Charged - ALBUQUERQUE, N.M. - Allsup's Convenience Stores, Inc.,...more

EEOC Sues Trinity Health for Pregnancy Discrimination

Medical Provider Refused to Keep Pregnant Worker on the Job Working Light Duty and Instead Fired Her, Federal Agency Charges - MINNEAPOLIS - Trinity Health, an integrated healthcare provider with 2,500 employees...more

No Summer Breaks for the EEOC

by Kelley Drye & Warren LLP on

As many of us settle into September, with fond memories of our summer vacations, do not think that the federal agencies were on a hiatus. In fact and despite predictions that the EEOC under the new administration would be...more

Employee Cannot Bypass Title VII, ADA Regulatory Schemes To Hold Public Employers Personally Liable, Third Circuit Rules

by Jackson Lewis P.C. on

Plaintiff-employees cannot pursue a claim under 42 U.S.C. § 1983 (Section 1983) for rights created under Title VII of the Civil Rights Act and the Americans with Disabilities Act, the federal appeals court in Philadelphia has...more

EEOC Sues Verona Resort & Spa For Pregnancy and Disability Discrimination

Company Failed to Accommodate and Fired Employee Because of Pregnancy-Related Condition, Federal Agency Charges - TAMUNING, Guam - Verona Resort & Spa., a hotel resort and spa in Tamuning, violated federal law when it...more

Transgender Employees May Be Entitled To Protection From Discrimination Under The ADA

by Foley & Lardner LLP on

Of late, we have recently written quite a bit about the ever-changing legal landscape regarding protections for LGBTQ employees. Most of the authority we explored involved whether or not sexual orientation (as well as gender...more

Carolina Creek to Pay $70,000 to Settle EEOC Pregnancy and Disability Discrimination Suit

Christian Camp Demoted Employee Because of Her Pregnancy and a Related Complication, Then Fired Her for Complaining, Federal Agency Charged - HOUSTON - Carolina Creek Christian Camp, Inc., a Huntsville, Texas-area...more

Peoria’s Green Chevrolet to Pay $65,000 to Settle EEOC Discrimination Suit

Black Employee with Disability Involuntarily Transferred and Fired for Opposing It, Federal Agency Charged - CHICAGO - A Peoria, Ill., Chevrolet dealership will pay $65,000 and furnish other relief to settle a disability...more

Employer’s Refusal To Allow Rescission of an Employee’s Voluntary Resignation Does Not Constitute Adverse Employment Action Under...

In Featherstone v. Southern California Permanente Medical Group, (No. B275225, filed 4/19/17), the California Court of Appeal for the Second Appellate District held absent evidence an employee’s resignation was coerced, an...more

Nip/Tuck Leave: When Employees Take Leave for Elective Procedures

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers are usually mindful of the many laws governing employee medical leaves and how they interact. But what about accommodation for non-medically necessary leaves? This post discusses the basics of...more

Connecticut Supreme Court Rules No Punitive Damages Under the Connecticut Fair Employment Practices Act

by FordHarrison on

The Connecticut Supreme Court recently set aside an award of statutory punitive damages in a disability discrimination case brought pursuant to Connecticut’s human rights law, the Connecticut Fair Employment Practices Act...more

With the Election (Mercifully) Behind Us, What Will a Trump Administration Mean for Employers?

by Littler on

The 2016 Presidential election was arguably the most contentious, unpredictable, and politically polarizing race in this nation's history. The contours of the electoral map changed by the hour in the days leading up to...more

Justice Department Settles Pregnancy and Disability Discrimination Lawsuit Against City of Florence, Kentucky

WASHINGTON - The Justice Department filed a proposed consent decree with the city of Florence, Kentucky, to resolve a pregnancy and disability discrimination lawsuit brought by the department under Title VII of the Civil...more

EEOC Releases Formal Guidance on Unlawful Retaliatory Conduct in the Workplace

by Reminger Co., LPA on

After an extended public comment period, the Equal Employment Opportunity Commission (“EEOC”)—which is charged with enforcing federal employment discrimination laws—recently issued its final Enforcement Guidance on...more

7-Eleven Sued By EEOC for Disability Discrimination

Oklahoma Chain Unlawfully Denied Reasonable Accommodations to Workers with Disabilities and Fired Them, Federal Agency Charges - ST. LOUIS - Brown-Thompson General Partnership, dba 7-Eleven, a chain of Oklahoma...more

The Clock Has Struck 12 On The EEOC Fiscal Year-End Countdown – Surprising Revelations For FY 2016

by Seyfarth Shaw LLP on

With the end of another EEOC fiscal year employers look with anticipation to what the year-end trends can tell us about the sometimes elusive EEOC litigation agenda. In years past, the EEOC has engaged in a “filing frenzy,”...more

Jury in EEOC Suit Says Dollar General Must Pay Former Employee Over $277,565 For Disability Discrimination

Diabetic Employee Fired After Drinking Orange Juice to Stop Attack - KNOXVILLE, Tenn. - A federal jury has found in favor of the U.S. Equal Employment Opportunity Commission (EEOC) in a federal disability discrimination...more

The Seventh Circuit Clarifies Evidentiary Standards in Employment Discrimination Cases

by Hinshaw & Culbertson LLP on

In Ortiz v. Werner Enterprises, Inc., the Seventh Circuit stated in very clear terms that lower courts and parties to discrimination actions should not divide evidence into direct and circumstantial buckets under the familiar...more

Employment Law Navigator – Week in Review: August 2016

by Zelle LLP on

Contrary to the EEOC’s position that sexual orientation discrimination is protected by Title VII’s prohibition on gender discrimination, the Seventh Circuit Court of Appeals held last week that existing law does not support...more

Managing Repeated Requests for Leave as an ADA Reasonable Accommodation: Takeaways from My Webinar with EEOC Commissioner Feldblum...

by Franczek Radelet P.C. on

Last Thursday, I had the pleasure of conducting a webinar with EEOC Commissioner Chai Feldblum on the topic of “leave” as an ADA reasonable accommodation in light of the EEOC’s new technical resource issued on this topic in...more

Newark Port Automobile Processing Facility to Pay $350,000 to Settle EEOC Race Discrimination Suit

FAPS Refused to Recruit and Hire African-Americans, Federal Agency Charged - NEWARK, N.J. -- FAPS, Inc., one of the country's largest automotive re-delivery service firms, operating in the port area of Newark, will pay...more

Landis Communities and Landis Homes Retirement Community Will Pay $132,500 to Resolve EEOC Suit

Nursing Home Terminated Pregnant Nursing Supervisor Who Requested a Lifting Accommodation, Conducted Unlawful Medical Inquiry, and Refused Rehire Because of Her Disability, Federal Agency Says - PHILADELPHIA - Nursing...more

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