News & Analysis as of

Americans with Disabilities Act (ADA) Hiring & Firing Medical Leave

U.S. Equal Employment Opportunity Commission...

Didlake, Inc. Pays More Than $1 Million in EEOC Disability Discrimination and Retaliation Lawsuit

Nonprofit Denied Accommodations to Deaf and Hard-of-Hearing Employees and Fired Employees Who Requested Medical Leave, Federal Agency Charged - WASHINGTON – Didlake, Inc., a government contractor that provides janitorial...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eleventh Circuit Upholds Ruling for Employer on ADA Claims Where Employee Submitted Noncompliant Return-to-Work Letter

On February 7, 2024, in Jones v. Georgia Ports Authority, the U.S. Court of Appeals for the Eleventh Circuit affirmed a district court’s grant of summary judgment for an employer where a former employee who requested an...more

Manatt, Phelps & Phillips, LLP

First, Sixth Circuits Affirm Dismissal of ADA Claims

Considering the termination of a high school teacher who underwent hip surgery and the refusal of a hospital to allow a nursing student’s service dog, the U.S. Court of Appeals, First and Sixth Circuits, both affirmed...more

Genova Burns LLC

NJ District Court Upholds Employee Termination After FMLA Leave

Genova Burns LLC on

On March 31, 2023, in LeBlanc v. Thomas Jefferson University, the United States District Court for the District of New Jersey granted an employer’s motion for summary judgment, dismissing a former’s employee’s allegations of...more

Tucker Arensberg, P.C.

Terminating Poor Performers During or After FMLA or ADA Leave: Key Considerations

Tucker Arensberg, P.C. on

Performance management is one of the most important–and difficult–issues that employers face in supervising their workforce. Dealing with performance problems becomes even harder when an underperforming employee requests or...more

Foster Swift Collins & Smith

[Hybrid Event] What Employers Need to Prepare for in 2023 - October 12th, 9:00 am - 11:30 am ET

There is a lot that employers need to prepare and plan for in 2023. Join us at our Fall 2022 Labor & Employment Law Update which will discuss major issues and developments that your company needs to address now...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Keystone RV for Disability Discrimination

RV Manufacturer Refused to Grant Less Than a Week of Unpaid Leave to Disabled Employee And Terminated Him Instead, Federal Agency Charges - INDIANAPOLIS – The U.S. Equal Employment Opportunity Commission (EEOC) announced...more

Butler Snow LLP

6th Circuit Reinstates Failure-to-Accommodate Claim Against Employer That Terminated Employee With Outstanding Leave Request

Butler Snow LLP on

Once an employee requests an accommodation, the employer has a duty to engage in an “interactive process” to try to determine whether the employer can accommodate the employee’s disability...more

Stoel Rives - World of Employment

Ninth Circuit Rules That a Temporary Impairment Can Qualify as a “Disability” Under the ADA

The U.S. Court of Appeals for the Ninth Circuit, the federal appellate court with jurisdiction over much of the western United States (including Washington, Oregon, California and Idaho), ruled last week that an employee’s...more

U.S. Equal Employment Opportunity Commission...

S&C Electric Company to Pay $315,000 to Settle EEOC Disability Discrimination Lawsuit

Chicago Company Refused to Permit a Qualified Employee With A Disability to Return to His Position Following Medical Leave, Federal Agency Charged - CHICAGO – S&C Electric Company, a designer and manufacturer of switching...more

U.S. Equal Employment Opportunity Commission...

Vantage Oil & Gas Exploration Companies Settle EEOC Disability Claim

Companies Fired Employee Following His Heart Attack and While Out on Short-Term Disability Leave, Federal Agency Charged - HOUSTON – Two oil and gas explor­ation companies -- Vantage Energy Services, Inc. and Vantage...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Ranew’s Management Company for Disability Discrimination

Fabrication, Coating, and Assembly Company Terminated Employee Because of His Depression, Federal Agency Charges - ATLANTA – Headquartered in Milner, Georgia, Ranew’s Management Company, Inc., local, state, and national...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Stevens Transport for Disability Discrimination

Trucking Company Refused to Hire Applicant After Learning He Had Taken Medical Leave at a Previous Job, Federal Agency Charges - DALLAS – A refrigerated transport carrier that services major companies in need of...more

Hinshaw & Culbertson - Employment Law...

25th Annual Labor & Employment Seminar - The Labor & Employment Year in Review: Is It Over Yet? West Coast Session

Monday, October 26 - The Labor & Employment Year in Review: Is It Over Yet? Hinshaw labor and employment attorneys from the Midwest, East Coast, and West Coast addressed developments in the ever-changing landscape of...more

Bradley Arant Boult Cummings LLP

“Open” Might Not Mean Open: How FMLA May Affect a Position’s Availability

Does a position that a company is holding for an employee out on FMLA leave an “open position” as contemplated by the Americans with Disabilities Act? In Maxwell v. Washington County, a Mississippi federal district court said...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues T&T Subsea for Disability Discrimination

Company Fired Diver Because He Had Been Treated for Cancer, Federal Agency Charges - HOUSTON - T&T Subsea, LLC, a Galveston marine services company, violated federal law when it fired an employee after he recovered from...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Colorado Excavating for Disability Discrimination

Company Fired Employee After Seizure, Federal Agency Charges - DENVER - Gollnick Construction, Inc., which does business as Colorado Excavating, violated federal law when it fired an employee because she had a seizure,...more

U.S. Equal Employment Opportunity Commission...

Illinois Action for Children to Pay $60,000 to Settle EEOC Disability Discrimination Lawsuit

Nonprofit Fired Employee Who Required Extended Leave, Federal Agency Charged - CHICAGO -- Illinois Action for Children (IAFC), a large Illinois child care and childhood education-related nonprofit, has agreed to pay a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Untangling Complex Leave Issues – Part II

In the second episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including no fault attendance...more

Payne & Fears

Key California Employment Law Cases: March 2019

Payne & Fears on

This month’s key employment law cases address the religious organization exemption under Title VII of the Civil Rights Act and arbitration agreements....more

Parker Poe Adams & Bernstein LLP

Ninth Circuit Limits ADA Ministerial Exemption

In its 2012 Hosanna-Tabor decision, the U.S. Supreme Court recognized a “ministerial” exemption to federal civil rights laws. It allows religious employers – without being subjected to claims of discrimination – to make...more

U.S. Equal Employment Opportunity Commission...

Wilmington Trust Corporation to Pay $700,000 to Settle EEOC Disability Discrimination Suit

Predecessor Hudson City Savings Bank Denied Disability Accommodations to Employees, Federal Agency Charged - NEW YORK - Wilmington Trust Corporation, a Delaware corporation and wholly owned subsidiary of M&T Bank...more

U.S. Equal Employment Opportunity Commission...

Harborview Senior Care Properties to Pay $21,000 to Settle EEOC Disability Suit

Employee Fired for Exceeding Two-Week Maximum Leave Policy, Federal Agency Charged - RALEIGH, N.C. - Senior Care Properties, Inc., doing business as Harborview Rehabilitation and Healthcare Center, will pay $21,000 and...more

Cozen O'Connor

Why Should I Care About Employment Law? Common Pitfalls for Emerging Companies

Cozen O'Connor on

Founders of emerging companies are often first-time employers and find themselves having to wade through the dense patchwork of state and federal labor and employment laws. This can be a confusing undertaking that often...more

U.S. Equal Employment Opportunity Commission...

Whole Foods Market to Pay $65,000 To Settle EEOC Disability Suit

Employee Fired because of her Disability, Federal Agency Charged - RALEIGH, N.C. - Whole Foods Market Group, Inc., doing business as Whole Foods Market, headquartered in Austin, Texas, will pay $65,000 and provide other...more

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