News & Analysis as of

Americans with Disabilities Act (ADA) 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

Proskauer - Law and the Workplace

Another Legal Challenge to an AI Interviewing Tool

In the latest lawsuit of its kind, the American Civil Liberties Union recently filed a complaint with the Colorado Civil Rights Division and the Equal Employment Opportunity Commission (“EEOC”) alleging an AI interviewing...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

Snell & Wilmer

Toking the Line: Where Medical Marijuana Meets Employment Law

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The use of cannabis for medical purposes is legal in 39 states, four out of five permanently inhabited U.S. territories, and the District of Columbia. Some studies suggest that medical cannabis may help treat various...more

Proskauer - Law and the Workplace

[Podcast] AI at Work: Design Use Mismatches

In the final installment of our AI at Work series, partner Guy Brenner and senior counsel Jonathan Slowik tackle a critical issue: mismatches between how artificial intelligence (or AI) tools are designed and how they are...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

DCI Consulting

[Webinar] Fall in Love with Job Analysis: An Introductory Guide to Studying Jobs - February 12th, 2:00 pm - 2:30 pm EST

DCI Consulting on

Curious about the fundamentals of job analysis and why it's essential to a strong HR foundation? Join us this February for a webinar that will make you "fall in love" with job analysis. We'll introduce you to the basics,...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

Proskauer - Law and the Workplace

What Will The Trump Administration Mean For The Regulation of Employer AI Tools?

In the nearly four years since Joe Biden was sworn in as President in 2021, groundbreaking advances in artificial intelligence (AI) became widely available that offer the potential to revolutionize employment-related...more

Littler

Georgia as a Model Employer for Individuals With Disabilities

Littler on

Georgia Senate Bill 384, signed into law this year, establishes the State of Georgia as a Model Employer (the “GAME”) Program. The GAME Program regulates labor practices of public offices related to the recruitment, hiring,...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

FordHarrison

EEOC's Recent Enforcement of the Pregnant Workers Fairness Act: What Employers Need to Know

FordHarrison on

A recent Consent Decree between the Equal Employment Opportunity Commission (EEOC) and Lago Mar Properties stands as an important reminder that the Pregnant Workers Fairness Act (PWFA) is broad in scope and encompasses all...more

Cozen O'Connor

Fall 2024 Employer Check-up: Reduce Risk When Using AI Vendors’ Hiring Tools

Cozen O'Connor on

Last month, the U.S. Department of Labor (DOL) announced a new initiative, the “AI & Inclusive Hiring Framework,” funded by the DOL’s Office of Disability Employment Policy (ODEP). This framework is a voluntary resource to...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

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