News & Analysis as of

Americans with Disabilities Act (ADA) Disability Discrimination Hiring & Firing

Bradley Arant Boult Cummings LLP

Just Don’t Ask: 7th Circuit Addresses Employment Medical Inquiries Under ADA

In early April 2025, the Seventh U.S. Circuit Court of Appeals recognized that employers could be held liable for monetary damages and other relief for violating the medical inquiry and examination limitations of the...more

Parker Poe Adams & Bernstein LLP

Shifting Eliminated Position's Duties to Nondisabled Workers Not Evidence of Discrimination

Employers sometimes believe that eliminating a job position instead of terminating an employee for poor performance gives them a "get out of jail free" card for purposes of avoiding legal claims associated with the decision....more

Offit Kurman

Under-Performing Pregnant or Disabled Employees: Balancing Performance Management with the ADA, FMLA, and Pregnant Workers...

Offit Kurman on

Performance conversations can quickly become legal minefields when an employee is pregnant, has a disability, or has requested protected leave. Too often, well-meaning employers delay intervention, mishandle documentation, or...more

Littler

Littler Lightbulb – March 2025 Employment Appellate Roundup

Littler on

Fourth Circuit Stays Injunction Barring Enforcement of DEI Executive Orders On March 14, 2025, the Fourth Circuit issued an order in National Association of Diversity Officers in Higher Education v. Donald Trump, No. 25-1189...more

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

Complying With the ADA When Managing Employees With Alcoholism

Employers sometimes encounter intoxicated employees at work, but there are some compliance challenges under the Americans with Disabilities Act (ADA) when managing employees with alcoholism....more

Fisher Phillips

AI Screening Systems Face Fresh Scrutiny: 6 Key Takeaways From Claims Filed Against Hiring Technology Company

Fisher Phillips on

A Deaf, Indigenous woman claims an employer’s use of a popular automated video interview platform unfairly blocked her promotion due to AI-driven biases related to her disability and race. The ACLU filed charges on March 19...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Dishonesty on Pre-Employment Medical Questionnaire Justified Termination

The Americans with Disabilities Act prohibits employers from asking most applicants questions about their medical history before a conditional offer of employment is made....more

Holland & Hart - Employers' Lawyers

Quick Q&A on Remote Work Policies

Can remote polices from the pandemic be used against a company trying to bring employees back into the office? In certain circumstances, yes. Recently, courts have allowed juries to decide if onsite work is essential when the...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Sam’s Club for Disability Discrimination

Federal Agency Charges Retailer With Firing Employee After Refusing to Accommodate Her Disabilities - ATLANTA – Sam’s East, Inc. and Walmart Inc., which together operate a chain of warehouse club retail stores known as Sam’s...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Equinox Holdings, Inc. for Disability and Sex Discrimination

Federal Agency Charges Fitness Company Failed to Hire Woman with Endometriosis Due to Her “Monthly Cycle” - WASHINGTON – Equinox Holdings, Inc. (Equinox), which owns and operates fitness facilities and gyms nationwide,...more

U.S. Equal Employment Opportunity Commission...

BayMark Health Services to Pay $55,000 in EEOC Disability Discrimination Charge

Conciliates Federal Charge Company Fired Worker Instead of Accommodating Disability - VALLEJO, Calif. – MedMark Treatment Centers, a subsidiary of BayMark Health Services which provides treatment for opioid addiction and...more

U.S. Equal Employment Opportunity Commission...

Castle Hills Master Association to Pay $55,000 in EEOC Disability Discrimination Suit

Settles Federal Lawsuit Claiming Property Management Companies Terminated Pregnant Employee Unlawfully - DALLAS – Property management companies Castle Hills Master Association Inc., Bright Realty LLC, Bright Industries...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Alto Experience, Inc. for Disability Discrimination

Federal Agency Charges Ride-Hailing Company Denied Accommodations and Employment to Deaf Individuals - WASHINGTON – Alto Experience, Inc., a ride hailing company that currently operates in Texas, Florida, and California,...more

Seyfarth Shaw LLP

Seventh Circuit: A “Do-Over” Is Not an Accommodation

Seyfarth Shaw LLP on

The Seventh Circuit’s recent decision – holding that an employee’s request for a second chance that allows them to change their behavior to meet employer expectations is not a “reasonable accommodation” under the ADA –...more

U.S. Equal Employment Opportunity Commission...

Catalyst Family, Inc. Resolves EEOC Disability Discrimination Charge

Settles Federal Charge Finding Company Fired Assistant Teacher Instead of Accommodating Disability - SACRAMENTO, Calif. – Catalyst Family Inc., a non-profit company that operates child development centers in various...more

Fisher Phillips

Legally Blind Teaching Applicant Deemed not Qualified Under the ADA: 3 Lessons for Schools

Fisher Phillips on

A school district in Texas recently prevailed in a failure-to-hire lawsuit when the court ruled that a legally blind applicant for a teaching position could not demonstrate that she’d have been able to manage student...more

Parker Poe Adams & Bernstein LLP

EEOC Litigation Report Demonstrates Agency's Priorities

Following a "cause" finding in an Equal Employment Opportunity Commission charge of discrimination investigation, the agency issues a right to sue letter to the charging party or agrees to sue the employer on that person’s...more

Littler

Littler Lightbulb: September Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fourth Circuit Rejects ADA Claim of Employee Who Tested Positive for Illegal Drugs...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Victra for Discrimination Due to Pregnancy and Perceived Disability

Federal Suit Charges Mobile Device Retailer Rescinded Job Offer After Learning About Worker’s Potential Pregnancy Complications - RENO, Nev. – Victra, the business name of ABC Phones of North Carolina and a nationwide...more

U.S. Equal Employment Opportunity Commission...

Builders FirstSource Sued by EEOC for Discrimination

Federal Suit Charges Manager Wrongly Assumed Worker Was Too Old and Disabled - SEATTLE – A building supply company doing business as Builders FirstSource north of the Seattle area violated federal law when it terminated a...more

U.S. Equal Employment Opportunity Commission...

Walmart to Pay $175,000 to Settle Three EEOC Disability Discrimination Suits

Federal Agency Charges Nation’s Largest Retailer Failed to Accommodate Employee Disabilities and Fired Employees for Disability-Related Absences - CHARLOTTE, N.C. - Wal-Mart Stores East, LP, will pay $175,000 and furnish...more

McAfee & Taft

EEOC sues employer for ‘100% healed’ policy

McAfee & Taft on

Employers are understandably reluctant to allow employees with medical restrictions to resume working. A concern that returning the employee to work risks worsening their condition causes some employers to require a “complete...more

U.S. Equal Employment Opportunity Commission...

Arizona Walmart to Pay $100,000 in EEOC Disability Lawsuit

Resolves Federal Lawsuit Alleging Company Fired Cashier for Seizures - PHOENIX – Walmart, Inc., the largest grocery store chain in the United States, will pay $100,000 and furnish other relief to settle a disability...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues GBMC Healthcare & Greater Baltimore Medical Center for Disability Discrimination

Federal Suit Says GBMC Hospital Discriminated and Retaliated Against Registered Nurse Because of Disability - BALTIMORE – GBMC Hospital violated federal law when it discriminated against a deaf employee because of...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Mail Hauler Trucking for Disability Discrimination

Federal Lawsuit Charges Mail Delivery Contractor Fired Employee Because of Disability - FARGO, N.D. – Mail Hauler Trucking, LLC., which delivers mail for the United States Postal Service in North Dakota and South Dakota,...more

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