News & Analysis as of

Americans with Disabilities Act (ADA) Damages

Venable LLP

Supreme Court Forgoes Chance to Resolve Issue of Class Certification under Rule 23

Venable LLP on

On June 5, 2025, the U.S. Supreme Court was set to rule in Labcorp v. Davis, which sought to resolve division among federal circuit courts regarding the certification of a damages class under Rule 23 of the Federal Rules of...more

Parker Poe Adams & Bernstein LLP

Supreme Court Says ADA Does Not Require Bad Faith Demonstration to Award Damages to Disabled Students

Employers are familiar with Americans with Disabilities Act (ADA) provisions that apply to disabled employees or applicants. However, other portions of the law apply similar prohibitions against discrimination by government...more

BakerHostetler

The Supreme Court Punts Uninjured Class Question: Analyzing ‘Laboratory Corp. of America Holdings v. Davis’

BakerHostetler on

On June 5, 2025, the Supreme Court dismissed the petition in Laboratory Corp. of America Holdings v. Davis on procedural grounds as having been “improvidently granted” and declined to address the underlying merits question...more

Seyfarth Shaw LLP

False Start: U.S. Supreme Court Declines to Decide Whether Courts May Certify Damages Classes That Include Uninjured Class Members

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On June 5, 2025, the U.S. Supreme Court changed course and dismissed the writ of certiorari that it previously had granted in Laboratory Corporation of America Holdings v. Davis, No. 24-304 (U.S. June 5, 2025). In doing so,...more

Troutman Pepper Locke

Supreme Court Avoids Class-Action Review Due to Mootness Concerns

Troutman Pepper Locke on

On June 5, the U.S. Supreme Court dismissed a writ of certiorari as improvidently granted, leaving unresolved a significant question regarding class-action certification under Federal Rule of Civil Procedure 23. The question...more

Ballard Spahr LLP

In Labcorp v. Davis, Supreme Court Passes on Chance to Clarify Issue of Uninjured Class Members

Ballard Spahr LLP on

The U.S. Supreme Court last week declined to resolve a potentially landmark issue in class action law. In the closely watched case of Laboratory Corporation of America Holdings v. Davis, the Court delivered a per curiam...more

Carlton Fields

Supreme Court Refuses to Decide Whether Damages Class Containing Both Injured and Uninjured Members Can Be Certified

Carlton Fields on

On June 5, 2025, in Laboratory Corp. of America Holdings v. Davis, the U.S. Supreme Court dismissed as improvidently granted a case presenting the question of whether a certified class properly may include both injured and...more

Morgan Lewis

US Supreme Court Considers Whether Classes with Uninjured Members Can Be Certified

Morgan Lewis on

The US Supreme Court held oral arguments in Laboratory Corporation of America Holdings d/b/a Labcorp v. Davis, et al. to consider the issue of whether a federal court can certify a class when some of the members of the...more

McGlinchey Stafford

SCOTUS to Decide Whether a Class Can Be Certified Despite Some of Members Lacking Damages

McGlinchey Stafford on

On April 29, 2025, the U.S. Supreme Court heard oral arguments in Laboratory Corporation of America Holdings, d/b/a Labcorp v. Davis et al., No. 24-304 (2025 Term) to determine whether certification is appropriate in a class...more

Parker Poe Adams & Bernstein LLP

Seventh Circuit Says Non-Disabled Employee Entitled to Back Pay for Unlawful Medical Exam

The Americans with Disabilities Act prohibits employers from requiring employee medical examinations absent business necessity. The ADA provides a back pay remedy for violations, but limits these damages to discrimination on...more

Reveal

Employment Litigation: How to Prepare and Mitigate the Associated Risks

Reveal on

From allegations of workplace discrimination, sexual orientation discrimination to violations of non-compete clauses or breaches of contract, lawsuits between organizations and their employees are an ever-present threat for...more

Dickinson Wright

U.S. Supreme Court Decides Perez v. Sturgis Public Schools

Dickinson Wright on

The United States Supreme Court issued a decision in Perez v. Sturgis Public Schools, No. 21-887, opening the door for future claims against schools for compensatory monetary damages. In its unanimous opinion, the Supreme...more

Franczek P.C.

U.S. Supreme Court Rules That IDEA Exhaustion Requirements Do Not Preclude Money Damages Under The ADA

Franczek P.C. on

The U.S. Supreme Court unanimously ruled in favor of a deaf student in Perez v. Sturgis Public Schools, 143 S. Ct. 81 (U.S. 2022), where the Court held that the Individuals with Disabilities Education Act (“IDEA”) exhaustion...more

Roetzel & Andress

Supreme Court Holds Districts May Be Sued for Damages Even When IDEA Administrative Process Is Not Exhausted

Roetzel & Andress on

The Supreme Court unanimously held in Perez v. Sturgis Public Schools, No. 21-887 (Mar. 21, 2023) that a student can sue for compensatory damages under the Americans with Disabilities Act (“ADA”) even when they have not...more

Seyfarth Shaw LLP

Eye Surgery Centers to Pay $1M in Damages and Penalties to Resolve Alleged ADA Violations

Seyfarth Shaw LLP on

Seyfarth Synopsis: Under a new Consent Decree with the DOJ, 24 Arizona eye surgery centers can no longer require patients with mobility disabilities to pay for third-party services to transfer them on and off operating...more

U.S. Equal Employment Opportunity Commission...

Ranew’s Management Company to Pay $250,000 to Settle Disability Discrimination Lawsuit

Fabrication, Coating, and Assembly Company Fired Employee Because of His Depression, Federal Agency Charged - ATLANTA – Ranew’s Management Company, Inc. (“Ranew’s”), a local, state, and national provider of fabrication,...more

Fisher Phillips

Improper Job Application Questions Put Florida Employer in Jeopardy of Losing Workplace Disability Claim

Fisher Phillips on

A Florida federal court just denied an employer’s effort to dismiss a disability discrimination claim filed by a legally blind applicant who alleges the employer asked improper pre-offer questions on its standard job...more

Lathrop GPM

The Franchise Memorandum - Issue #271

Lathrop GPM on

Ninth Circuit Reverses Class Action Settlement Approval and Fee Award - The Ninth Circuit Court of Appeals has reversed the approval of a $10 million voucher settlement and a $2.6 million attorneys’ fee award in a class...more

U.S. Equal Employment Opportunity Commission...

Lonza America to Pay $150,000 to Settle EEOC Disability Lawsuit

Company Violated Federal Law When It Fired a Recovering Opioid Addict, Federal Agency Charged - CHATTANOOGA, Tenn. – Lonza America LLC, a New Jersey-based company in the pharmaceutical and medicine manufacturing industry,...more

Cranfill Sumner LLP

Disability Discrimination: Damages

Cranfill Sumner LLP on

Over the last couple of months, we have been talking about what qualifies as a disability under the Americans with Disabilities Act and what to do when an employee with a disability requests an accommodation in the...more

U.S. Equal Employment Opportunity Commission...

Walmart to Pay $80,000 and Implement Nationwide Change in Policy to Settle EEOC Disability Lawsuit

Giant Retailer Refused to Accommodate Disabled Employee with Reassignment to a Nearby Store, Federal Agency Charged - BANGOR, Maine - Walmart Inc. will pay $80,000 and implement nationwide changes to its disability...more

U.S. Equal Employment Opportunity Commission...

SoftPro to Pay $80,000 to Settle EEOC Disability Discrimination Suit

Software Company Fired Employee for Perceived Disability, Federal Agency Charged - RALEIGH, N.C. - SoftPro, LLC, a Delaware software company headquartered in Raleigh, N.C., will pay $80,000 and provide other relief to...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

U.S. Equal Employment Opportunity Commission...

Safeway Sued by EEOC For Disability Discrimination

Company Unlawfully Rejected an Applicant Because of Deafness, Federal Agency Charges - SEATTLE - Grocery store giant Safeway, Inc. violated federal law by refusing to accommodate and hire a qualified deaf applicant for...more

Butler Snow LLP

Sixth Circuit Upholds EEOC Victory in ADA Suit

Butler Snow LLP on

In a previous piece, I wrote about a diabetic worker in East Tennessee who won a jury award in an Americans with Disabilities Act (ADA) case against Dollar General. The worker was fired for violating Dollar General’s grazing...more

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