News & Analysis as of

Americans with Disabilities Act Hiring & Firing Wrongful Termination

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 -

Pharmacy Chain Not Required To Reasonably Accommodate Needle-Phobic Pharmacist

by Farrell Fritz, P.C. on

Trypanophobia—the fear of needles—played a significant role in a case brought against Rite Aid Pharmacy under the Americans with Disabilities Act (ADA). In Stevens v. Rite Aid Corp., the Second Circuit overturned a jury...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

EEOC Sues Wynn Las Vegas for Disability Discrimination

Employee with Ovarian Cancer Denied Leave and Fired, Federal Agency Charged - LAS VEGAS - The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against the Wynn Las Vegas hotel/casino for violating...more

Balancing Undue Hardship and Reasonable Accommodation with Employees Using Medical Marijuana Lights Up in Massachusetts Court

by LeClairRyan on

In a recent case, the Supreme Judicial Court of Massachusetts (the “SJC”) held that medical marijuana may constitute a “reasonable accommodation” for employees.  As a result, employers may not terminate employees for failing...more

IXL Learning Sued by EEOC for Retaliation

Employee Fired for Posting About Discrimination on Glassdoor.com, Federal Agency Charges - SAN FRANCISCO - Educational technology company IXL Learning Inc. violated federal law when it retaliated against an employee for...more

Appeals court rules diagnosed mental impairment not proven to be actual disability

by McAfee & Taft on

As many employers know, the ADA Amendments Act of 2008 (ADAAA) broadened the scope of who may be considered disabled under the Americans with Disabilities Act (ADA). Indeed, through the ADAAA, Congress sought to make it...more

Wisconsin Court Holds Discharging Employee Because of Misconduct Caused by Disability Can Be Discrimination

The Wisconsin Court of Appeals has affirmed a decision holding that a call center employee with bipolar disorder proved that he was discharged “because of” his disability by establishing he was discharged for misconduct—i.e.,...more

Second Circuit Reverses ADA Jury Verdict for Pharmacist with Fear of Needles

by Robinson & Cole LLP on

In Stevens v. Rite Aid Corp., No. 15-277 (March 21, 2017), the U.S. Court of Appeals for the Second Circuit reversed a jury award of almost $2 million in favor of a pharmacist who suffered from a fear of needles because he...more

Needle and the Damage Done: Pharmacist’s Phobia Not Enough for ADA Claim

Can fear of an aspect of your job constitute a disability under the ADA? Depends on how essential the function is. In Stevens v. Rite Aid Corp, the Second Circuit Court of Appeals looked at the case of a Rite Aid pharmacist,...more

EEOC Reminds Employers that Mental Health Conditions Are Covered by the ADA

On December 12, 2016, the EEOC issued a guidance document discussing workplace rights for individuals diagnosed with mental health conditions under the Americans With Disabilities Act. The EEOC noted that in 2016, the agency...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

by Seyfarth Shaw LLP on

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

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

by Seyfarth Shaw LLP on

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

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

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

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

by Lewitt Hackman on

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...

by Jackson Walker on

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

Employers and medical marijuana: Are California's anti-drug policies up in smoke?

by Thompson Coburn LLP on

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

Has the Fifth Circuit Opened the Door for Potential Liability of Staffing Companies?

by BakerHostetler on

In Burton v. Freescale Semiconductor Inc. and Manpower of Texas, LP, No. 14-50944, — F.3d —-, 2015 WL 4742174 (5th Cir. Aug. 10, 2015), the Fifth Circuit reversed the district court’s grant of summary judgment for two...more

Trend to Limit ADA and FEHA Definitions of Disability Attributed to Behavioral Disorders Affecting Work Relations?

Could there be a trend starting among the courts to put restraints on the reach of the disability discrimination laws when it comes to mental impairments affecting an employee’s ability to get along with others in the...more

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