News & Analysis as of

Americans with Disabilities Act 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 -

Harassment in the Workplace: Not a New Issue

Harvey Weinsten, Ben Afleck (bad move, Batman!), John Besh, Mark Halperin, former President George H.W. Bush: it seems like every day now there is another news story about allegations of harassment (or worse) in the...more

Tick, Tock….The EEOC Runs Out The Clock – Fiscal Year 2017 Marks A Last Minute Return To Frantic Filing

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With uncertain times and profound changes anticipated for the EEOC, employers anxiously await what enforcement litigation the EEOC has in store. Although 2016 showed a marked decline in filings, fiscal year...more

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

Workplace Wellness Program Incentives Under Fire - Again

by Pierce Atwood LLP on

For years, employers have been trying to find the right incentives for employees to embrace wellness programs. If incentives are too meager, employees are not likely to participate. If they are weighted too heavily in favor...more

EEOC’s Wellness Program Rules in Doubt

by Pepper Hamilton LLP on

Q.  Are the EEOC’s Wellness Program rules still valid? A.  The ADA and the Genetic Information Nondiscrimination Act both permit an employer to seek medical information as part of a wellness program if the employee...more

EEOC Sues Keer America Corporation for Age Discrimination

Experienced Sales Leader Fired After Company Learned His Age, Federal Agency Charges - GREENVILLE, S.C. - A 47-year-old sales leader with experience in the textile industry was unlawfully fired by Indian Land, S.C.,...more

Court Directs EEOC to Reconsider Wellness Rules, Leaves Current Rules in Effect

by Seyfarth Shaw LLP on

On Tuesday, August 22, the US District Court for the District of Columbia ordered the EEOC to revisit its controversial rules placing certain limits on employer-sponsored wellness programs under the Americans with...more

Well, Well, Wellness: DC Court Strikes Down EEOC Rules on Corporate Wellness Programs

When is a financial incentive in an employee-sponsored wellness program so high that employees can’t afford not to participate—rendering the program no longer voluntary? Well (pun intended), the District Court for the...more

EEOC Sues Illinois Action for Children for Disability Discrimination

Employer Fired Employee with Cancer Instead of Granting Request for Medical Leave, Federal Agency Charges - CHICAGO - Illinois Action for Children fired an employee who was on leave receiving treatment for breast cancer...more

Summary Judgment Denied For Employer Who Circulated Letter About Employee’s Disability Discrimination Charge

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After an employer circulated a letter to 146 employees discussing an employee’s EEOC Charge that alleged discrimination on the basis of his disability in violation of the ADA, a federal district court in...more

KB Staffing Settles Disability Discrimination Suit

Company Agreed to Change its Practices and Compensate Victims of Policy Requiring Unlawful Pre-Offer Health Questionnaire - TAMPA, Fla. - KB Staffing LLC, a staffing firm servicing central Florida, will create a class...more

Judge Orders EEOC to Reevaluate Wellness Program Regulations

by Ballard Spahr LLP on

A federal judge ruled on Tuesday that the Equal Employment Opportunity Commission (EEOC) must revisit regulations governing employee wellness programs because the agency did not provide adequate supporting information for the...more

EEOC Must Reconsider its Wellness Regulations

by Littler on

The U.S. District Court for the District of Columbia invalidated the EEOC’s final regulations on the operation of voluntary wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information...more

You Might Feel a Small Stick: EEOC Sues on Failure to Accommodate Phlebotomist

If an employer provides a temporary reassignment to accommodate an employee’s disability/pregnancy restrictions, does it have to return her to that assignment after her maternity leave? The EEOC seems to think so. In Equal...more

Horizontal Well Drillers Sued by EEOC For Age And Disability Discrimination In Hiring

Oklahoma Oil Drilling Company Also Made Unlawful Inquiries Into Applicants' Past Workers' Compensation Claims and Committed Other Violations, Federal Agency Charges - ST. LOUIS - Horizontal Well Drillers (HWD), an oil and...more

EEOC Sues Dependable Health Services For Disability Discrimination

Health Care Staffing Agency Fired Phlebotomist With Sickle-Cell Anemia, Federal Agency Charges - BALTIMORE - Dependable Health Services, Inc., a health care staffing agency, violated federal law when it fired an employee...more

EEOC Sues UPS Freight for Violating the Americans With Disabilities Act

Company Treats Disabled Drivers Worse Than Drivers With DWIs, Suit Charges - ST. LOUIS - UPS Freight violated federal law by treating a truck driver who was unable to drive because of a minor stroke worse than it treated...more

UPS Delivers Cautionary Tale

by Sherman & Howard L.L.C. on

Maximum leave policies are ubiquitous. These policies typically state that an employee who does not/cannot return from leave within a specified period (e.g. 12 months) will be discharged. Last year the EEOC issued...more

UPS to Pay $2 Million to Resolve Nationwide EEOC Disability Discrimination Claims

Shipping Giant's Rigid Leave Policies Forced Out Employees Who Needed Accommodations, Federal Agency Charged - CHICAGO - International shipping giant United Parcel Service, Inc. (UPS) has agreed to pay $2 million to nearly...more

Watch Out: Workplace Smells, ADA Disability, Telecommuting, and an EEOC Lawsuit

by Seyfarth Shaw LLP on

Seyfarth Synopsis: According to the EEOC in this just filed lawsuit, a home care services provider in North Carolina violated federal disability rights law when it rejected telecommuting requests from an employee whose asthma...more

Regional International Sued by EEOC For Firing Employee Who Requested Leave for Surgery

Truck Dealership Refused to Accommodate 'Exceptional' Delivery Driver, Federal Agency Charges - NEW YORK - Regional International Corporation, a commercial truck and trailer dealership with locations in Western New York,...more

EEOC Sues Wesley Health System / Merit Health Wesley For Disability Discrimination

Company Refused to Accommodate and Fired Employee Because of Arm/Shoulder Injury, Federal Agency Charges - BIRMINGHAM, Ala. - Wesley Health System, LLC, dba Merit Health Wesley, a general medical and surgical hospital...more

Dollar General Sued by EEOC For Disability Discrimination and Retaliation

Portal, Ga., Store Manager Refused to Interview Applicant After Seeing Her Arm in a Sling, Federal Agency Charges - ATLANTA - The owner-operator of a Georgia Dollar General store violated federal law by discriminating...more

Chemtrusion to Pay $145,000 to Settle EEOC Class Disability Discrimination Case

Company Screened Out Job Applicants After Medical Examinations Without Any Individualized Assessments on Fitness for Work, Federal Agency Charged - INDIANAPOLIS - Chemtrusion, Inc., a Houston-based manufacturing services...more

EEOC Sues Connections CSP For Disability Discrimination

Human Services Provider Unlawfully Fired Employees Who Needed Medical Leave, Federal Agency Charges - WILMINGTON, Del. - Connections CSP, Inc., one of Delaware's largest non-profit organizations that provides health care,...more

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