News & Analysis as of

Americans with Disabilities Act (ADA) Punitive Damages

Husch Blackwell LLP

Congress Considers Raising or Eliminating the Statutory Caps on Damages for Claims Brought Under Title VII and the ADA

Husch Blackwell LLP on

Democrats and Republicans within the House Committee on Education and the Workforce have recently expressed bipartisan interest in raising or eliminating the statutory caps on damages for claims brought under Title VII and...more

U.S. Equal Employment Opportunity Commission...

Nebraska Court Orders Trucking Company to Pay Deaf Driver Punitive Damages, Lost Wages After Jury Awarded Millions

Werner Enterprises Must Also Report Its Treatment of Future Deaf Applicants - ST. LOUIS – Werner Enterprises, Inc. and Drivers Management, LLC must pay $335,682 to a deaf truck driver months after an Omaha jury found in...more

Seyfarth Shaw LLP

New Kansas Website Accessibility Law Provides Local Businesses With A Litigation Sword

Seyfarth Shaw LLP on

Seyfarth Synopsis: New Kansas law will allow resident businesses to sue ADA website plaintiffs and their counsel over “abusive” litigation to recover defense fees and potentially punitive damages....more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Omaha Hospitality Group for Disability Discrimination

Hotel Fired Manager After He Was Hospitalized for Depression, Federal Agency Charges - ST. LOUIS – Operators of an Omaha hotel violated federal law when they fired a general manager after being hospitalized for depression,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Hobby Lobby for Disability Discrimination

Company Refused to Allow Service Dog as Reasonable Accommodation, Federal Agency Charges - ST. LOUIS – Hobby Lobby Stores, Inc., a national arts-and-crafts retailer, violated federal law when it refused to reasonably...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Manufacturing Companies for Disability Discrimination

Man Fired for Disability-Related Absences, Federal Agency Charges - CHICAGO – Grief, Inc., an international manufacturing company, and American Flange, its wholly-owned subsidiary operating in the western suburbs of...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Geisinger Health and Affiliates for Disability Discrimination and Retaliation

Health System Failed to Reasonably Accommodate Class of Workers with Disabilities, Federal Agency Charges - PHILADELPHIA – Geisinger Health, Geisinger Health System Foundation doing business as Geisinger Health System,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues TrueBlue, Inc., for Disability Discrimination

Staffing Company Fired Employee with a Disability Instead of Providing Reasonable Accommodations, Federal Agency Charges - WASHINGTON- TrueBlue, Inc., a Tacoma, Washington.-based staffing company with branch offices...more

U.S. Equal Employment Opportunity Commission...

Excentia Human Services Sued by EEOC for Disability Discrimination

Preschool Provider Refused to Employ Candidate with Cerebral Palsy, Federal Agency Charges - PHILADELPHIA – The Pai Corporation, doing business as Excentia Human Services and as Excentia and S. June Smith Center...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Pilot Freight Services for Disability Discrimination

International Freight Company Fired Manager Because of His Cancer, Federal Agency Charges - ATLANTA – Pilot Freight Services, Inc., an international freight shipping and logistics company based in Atlanta, unlawfully fired...more

U.S. Equal Employment Opportunity Commission...

EEOC Files Disability Lawsuits in El Paso and Ft. Worth Based on COVID Related Discrimination

Fabens Pharmacy and 151 Coffee Took Different Approaches to COVID-19, But Both Violated the ADA, EEOC Charged - DALLAS – The EEOC filed two lawsuits in Texas courts today, alleging that a pharmacy in Fabens and a...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

Husch Blackwell LLP

Wisconsin Jury Returns $125 Million Verdict In EEOC Disability Discrimination Case

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An eight-person jury returned a $125 million verdict against a major retailer in favor of a Down syndrome woman claiming disability discrimination. The case, EEOC v. Walmart Stores East LP, U.S. District Court for the Eastern...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Opportunities and Resources, Inc. for Disability Discrimination

Work Placement Agency Discriminated Against Deaf Employees, Federal Agency Charges - HONOLULU, Hawaii – Opportunities and Resources, Inc. and ORI Anuenue Hale, Inc. (ORI), a work placement agency for individuals with...more

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

First Circuit Weighs in on ADA’s ‘Single Integrated Employer’ Test and Reckless Indifference Standard for Punitive Damages

In Burnett v. Ocean Properties, Ltd., et al., the First Circuit Court of Appeals upheld a jury verdict for the plaintiff in his failure to accommodate claim under the Americans with Disabilities Act (ADA) and the Maine Human...more

Husch Blackwell LLP

50 State Update On Pending Legislation Pertaining To Employer-Mandated Vaccinations

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Per recent federal employment law guidance, private employers can generally require employees to get vaccinated for COVID-19 as long as they comply with federal employment laws that prohibit discrimination on the basis of...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Saint Clare’s Health for Disability Discrimination

Hospital Network Refused to Accommodate New Employee’s Pregnancy-Related Disability And Withdrew Her Job Offer Instead, Federal Agency Charges - NEWARK, N.J. – Saint Clare’s Health, a division of Prime Healthcare Services...more

U.S. Equal Employment Opportunity Commission...

Northwest Indiana Fast Food Restaurant Sued by EEOC for Disability Discrimination

Fast Food Franchisee Rescinded Job Offer and Refused to Accommodate Applicant with Disability, Federal Agency Charges - INDIANAPOLIS, Ind. – A northern Indiana fast food restaurant violated federal law by rescinding its...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues McLane Northeast for Disability Discrimination

Distribution Company Refused to Interview Applicant Because She was Deaf, Federal Agency Charges - BUFFALO – McLane Northeast, a distribution company with a facility outside Baldwinsville, N.Y., violated federal law by...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Jordan Carriers for Disability Discrimination

Federal Agency Charges That Flatbed Transportation Company Refused to Hire Applicant Because of Previous Back Injury - JACKSON, Miss. – Jordan Carriers, Inc., an over-the-road transportation company head­quartered in...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Scottsdale Healthcare Hospitals / Honorhealth for Disability Discrimination

Medical Provider Failed to Provide Reasonable Accommodations to Employees, Federal Agency Charges - SCOTTSDALE, Ariz. – Scottsdale Healthcare Hospitals, doing business as HonorHealth, which provides medical care at a...more

U.S. Equal Employment Opportunity Commission...

Subway Franchisee Sued by EEOC for Disability Discrimination

Sandwich Shop Denied Job to Hard-of-Hearing Applicant, Federal Agency Charges - INDIANAPOLIS, Ind. – A southern Indiana fast-food sandwich shop violated federal law by rejecting a hard-of-hearing applicant because of his...more

U.S. Equal Employment Opportunity Commission...

Kindred at Home Sued by EEOC for Disability Discrimination and Retaliation

Home Health Services Provider Placed Employee on Unpaid Leave After She Requested a Limited Period of Telework, Federal Agency Charged - ATLANTA – Gentiva Health Services, Inc. d/b/a Kindred at Home (“Kindred”), a provider...more

U.S. Equal Employment Opportunity Commission...

Airswift Sued by EEOC for Disability Discrimination

Staffing Firm Denied Disability Accommodation for a Building Superintendent With Cancer History and Reflux Disease, Federal Agency Charges - SAN ANTONIO, Texas — Swift Technical Services, LLC, doing business as Airswift,...more

U.S. Equal Employment Opportunity Commission...

Aspire Health Partners Sued by EEOC for Disability Discrimination

Behavioral Health Care Organization Refused to Hire Former Employee Due to Her Prior Workplace Injury, Federal Agency Charges - TAMPA, Fla. – Aspire Health Partners, a non-profit behavioral healthcare organization...more

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