News & Analysis as of

Americans with Disabilities Act (ADA) Hostile Environment Disability Discrimination

U.S. Equal Employment Opportunity Commission...

Weis Markets to Pay $75,000 in EEOC Sexual Harassment, Disability Discrimination Suit

Federal Agency Charged Grocery Store Chain Subjected Employee to Sexual Harassment and Fired Her When She Refused to Undergo Unlawful Medical Examination - HARRISBURG, Pa. – Weis Markets, Inc., will pay $75,000 and furnish...more

Bodman

Sixth Circuit Clarifies an Employee’s Duty to Disclose a Disability and Request an Accommodation

Bodman on

A recent opinion by the Sixth Circuit Court of Appeals (“Sixth Circuit” or “Court”), Hrdlicka v. General Motors (March 23, 2023), confirmed that an employee must sufficiently alert their employer of the need for a reasonable...more

U.S. Equal Employment Opportunity Commission...

Rover’s Place to Pay $60,000 to Settle EEOC Disability Case

Dog Kennel Company Subjected a Recovering Opioid Addict to Hostile Work Environment, Federal Agency Charged - CHICAGO – A dog kennel company in suburban Chicago, Rover’s Place, will pay $60,000 and furnish other relief to...more

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

Massachusetts Federal Court Preliminarily Requires Employer to Allow Employee’s Teleworking

On September 16, 2020, in Peeples v. Clinical Support Options, Inc., No. 3:20-cv-30144, a federal district court in Massachusetts took the unusual step of precluding an employer from discharging an employee who claimed an...more

Downs Rachlin Martin PLLC

Labor & Employment Law: Vermont and Federal Legislative Update

Downs Rachlin Martin labor and employment attorneys Amy Resnick and Andrea Wright highlight key Vermont and Federal legislative updates from 2020 that impact HR professionals. They walk through: Vermont minimum wage...more

U.S. Equal Employment Opportunity Commission...

Herbruck Poultry Ranch, Inc. Pays $93,000 to Settle EEOC Harassment and Retaliation Suit

Egg Producer Harassed, Retaliated Against, and Constructively Discharged a Disabled Employee, Federal Agency Charged - DETROIT - A Saranac, Michigan egg producer will pay $93,000 and provide other relief to settle a...more

Parker Poe Adams & Bernstein LLP

ADA Allows Hostile Environment Harassment Claims

Employees subjected to sexual harassment have long been able to bring legal claims under Title VII alleging creation of a hostile and offensive working environment. Over time, these legal principles extended to other...more

McAfee & Taft

Think twice before you dismiss a cry for help: ADA accommodation request or not?

McAfee & Taft on

You know the scenarios: an employee reports his chair is bothering him; another employee reports the glare of the computer screen is hurting her eyes; and a third employee explains he needs a different office space, better...more

Troutman Pepper

Second Circuit Court of Appeals Recognizes Hostile Work Environment Claim Under the ADA

Troutman Pepper on

Q.  An employee at one of my company’s facilities in New York recently complained to his supervisor that his coworkers made fun of his disability. Can an employee with a disability file a “hostile work environment” claim...more

Jackson Lewis P.C.

Second Circuit: ADA Allows Hostile Work Environment Claims

Jackson Lewis P.C. on

The Second Circuit recently held that the Americans with Disabilities Act (“ADA”) encompasses claims for hostile work environment harassment (“HWE”). Fox v. Costco Wholesale Corporation. While this plaintiff-friendly ruling...more

U.S. Equal Employment Opportunity Commission...

Herbruck Poultry Ranch Sued by EEOC for Disability Harassment

Employer Harassed Line Worker and Then Retaliated Against Her for Complaining, Federal Agency Charges - DETROIT- A Saranac, Mich., egg producer violated federal law by subjecting a worker to a hostile work environment...more

Seyfarth Shaw LLP

Requiring Employees Seeking Reasonable Accommodations to “Feel the Burn” May Violate ADA

Seyfarth Shaw LLP on

Seyfarth Synopsis: The D.C. Circuit recently revived a single-leg amputee’s claim that his former employer failed to accommodate his disability by refusing his request for a classroom aide....more

U.S. Equal Employment Opportunity Commission...

Golden Corral Franchisee to Pay $85,000 to Settle EEOC Disability and Sex Harassment Lawsuit

Restaurant Assistant Manager Physically and Verbally  Abused Autistic Employee and Forced Him to Quit to Escape Harassment, Federal Agency Charged - Charlotte, N.C. - Jax, LLC, which operates a Golden Corral restaurant in...more

Constangy, Brooks, Smith & Prophete, LLP

Alleged Harasser Is A Victim Of -- ADA "Associational" Discrimination?

I do not think "associational discrimination" means what you think it means. Amber Bridges, a former employee of the Magistrate's Court in the City of Indianapolis, claims she was discharged because of her association with a...more

Zelle  LLP

Employment Law Navigator – Week in Review: May 2017

Zelle LLP on

Last week, we saw several developments in the area of race discrimination in employment, including a Second Circuit decision that has generated media coverage and commentary. The Second Circuit’s ruling reversed a lower court...more

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

The Employment Law Authority - March/April 2017

EXECUTIVE ORDERS MARK A RISING, ROILING TIDE OF IMMIGRATION ENFORCEMENT ACTIONS - In his first week in office, President Donald Trump launched a series of executive orders (EO) directing large-scale changes on...more

U.S. Equal Employment Opportunity Commission...

Wal-Mart to Pay $75,000 to Settle EEOC Disability Lawsuit

Giant Retailer Unlawfully Denied Accommodations to and Harassed Cancer Survivor at Illinois Store, Federal Agency Charged - CHICAGO - Wal-Mart Stores Inc. will pay a former employee $75,000 to settle a disability...more

Proskauer - California Employment Law

California Employment Law Notes - May 2016

Employee Who Needed To Assist Disabled Son Could Proceed With "Associational Disability Discrimination" Claim - Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) - Luis...more

Proskauer - Law and the Workplace

Fifth Circuit Weighs In On Breadth Of The Rehabilitation Act

Recently, a split has continued among the Circuit Courts as to whether Section 504 of the Rehabilitation Act permits employment discrimination suits by independent contractors. On February 1, 2016, the Fifth Circuit joined...more

Jaburg Wilk

Disability Discrimination in the Workplace

Jaburg Wilk on

The Americans with Disabilities Act, as Amended ("ADA"), and the Arizona Civil Rights Act ("ACRA") require employers with 15 or more employees to provide "reasonable accommodations" to employees with a qualifying...more

CMCP - California Minority Counsel Program

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

U.S. Equal Employment Opportunity Commission...

MISO to Pay $90,500 to Settle EEOC Disability Discrimination Lawsuit

Power Grid Operator Denied Employee Reasonable Accommodation for Postpartum Depression, Federal Agency Charged - INDIANAPOLIS - Midcontinent Independent Transmission System Operator (MISO), a Carmel, Ind.-based power...more

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