News & Analysis as of

Americans with Disabilities Act (ADA) Hiring & Firing Disabilities

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

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

Bradley Arant Boult Cummings LLP

No Dog Days This Summer: In Howard v. City of Sedalia, the Eighth Circuit Clarifies the Scope of Reasonable Accommodations Again

What accommodations are reasonable under the ADA? Employers are required to provide modifications or adjustments that enable a job applicant to be considered for a position. Beyond the application process, employers must also...more

Sheppard Mullin Richter & Hampton LLP

EEOC Releases Updated Guidance on Visual Disabilities in the Workplace

On July 26, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued updated guidance, Visual Disabilities in the Workplace and the Americans with Disabilities Act, addressing how the Americans with Disabilities...more

Butler Snow LLP

Fifth Circuit:  Absent Special Circumstances, ADA Does Not Require Employers to Reassign Disabled Employees in Violation of...

Butler Snow LLP on

The ADA requires employers to make “reasonable accommodations” to its disabled employees including “reassignment to vacant positions.” More than twenty years ago, however, the Supreme Court held that if another employee “is...more

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

EEOC Releases Comprehensive Guidance Regarding Job Applicants and Employees With Hearing Disabilities

On January 23, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) released a technical assistance document aimed at providing guidance on how the Americans with Disabilities Act (ADA) applies to job applicants and...more

Miller & Martin PLLC

EEOC Issues New Mandatory Workplace Discrimination “Know Your Rights” Poster

Miller & Martin PLLC on

The Equal Employment Opportunity Commission (EEOC) has issued a new mandatory “Know Your Rights: Workplace Discrimination is Illegal” poster....more

Haynsworth Sinkler Boyd, P.A.

AI Used in Hiring May Discriminate Against Applicants with Disabilities; EEOC and DOJ Issue Guidance for Employers

Many employers use Artificial Intelligence (AI) to reduce bias in hiring, yet studies indicate some AI is discriminating on the basis of disability. The Department of Justice (DOJ) and the Equal Employment Opportunity...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

Hinshaw & Culbertson - Employment Law...

Employer FAQs for COVID-19 (Coronavirus)

Virtually every employer in the United States is having to grapple with how to respond to employment-related issues as a consequence of the coronavirus (COVID-19) pandemic. To assist employers, we have prepared an FAQ...more

Stokes Wagner

The Right Talent, Right Now

Stokes Wagner on

Employers throughout the U.S. are wrapping up October by participating in National Disability Employment Awareness Month (NDEAM), a tradition that can be traced back to 1945. The purpose of NDEAM is to raise awareness about...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Convenience Store for Refusing to Hire Clerk with Tourette’s Syndrome

Store Manager Mocked Job Applicant's Condition and Threw Away His Application, Federal Agency Charges - ST. LOUIS - Home Service Oil Company, doing business as Express Mart, violated federal law when its Cedar Hill, Mo.,...more

Seyfarth Shaw LLP

Ninth Circuit Expands “Regarded-As” Disabled Standard

Seyfarth Shaw LLP on

Seyfarth Synopsis: For the first time since the enactment in 2008 of the ADA Amendments Act (ADAAA), which broadened the definition of a disability under the Americans with Disabilities Act (ADA), the Ninth Circuit addressed,...more

U.S. Equal Employment Opportunity Commission...

Exide Technologies Sued by EEOC For Disability Discrimination

Battery Manufacturer Rescinded its Job Offer Based on Unfounded Fears of Safety, Federal Agency Charged - ATLANTA - Exide Technologies, a global corporation headquartered in Milton, Ga., that manufactures, distributes and...more

U.S. Equal Employment Opportunity Commission...

Logic Staffing Sued by EEOC For Disability Discrimination

Staffing Agency Rejected Warehouse Worker For Being Deaf, Federal Agency Charges - TACOMA, Wash. - A Western Washington staffing and recruiting company violated federal law when it refused to consider a qualified job...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Family Dollar of Michigan For Disability Discrimination

Retailer Giant Refused to Employ Man Due to His Partial Paralysis, Federal Agency Charges - DETROIT - Family Dollar Stores of Michigan, LLC, a Michigan-based discount retailer which has discount stores throughout the...more

U.S. Equal Employment Opportunity Commission...

Drivers Management and Werner Enterprises Sued by EEOC For Disability Discrimination In Hiring

Nebraska Trucking Companies Also Refused to Reasonably Accommodate Qualified Deaf Driver, Federal Agency Charges - ST. LOUIS - Drivers Management, LLC and Werner Enterprises, Inc., truckload carriers headquartered in...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Party City For Disability Discrimination

National Retailer Refused to Hire Disabled Employee with Job Coach, Federal Agency Charges - BOSTON - Party City Corporation violated federal law by failing to hire a qualified employee with a disability at its Nashua,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Adecco USA For Disability Discrimination

Staffing Agency Refused to Hire Applicant for Desired Position Due to Disability, Federal Agency Charges - PITTSBURGH - Adecco USA, Inc. (Adecco), a staffing agency, violated federal law by refusing to offer a candidate...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Cracker Barrel Old Country Store For Disability Discrimination

Linthicum Heights Restaurant Refused to Hire Deaf Applicant, Federal Agency Charges - BALTIMORE - Cracker Barrel Old Country Store, Inc. violated federal law when it refused to hire a qualified deaf applicant for a...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Citgo Petroleum Corporation For Disability Discrimination

Lemont Refinery Withdrew Job Offer After Discovering Applicant Had Vision Impairment, Federal Agency Charges - CHICAGO -- Citgo Petroleum Corporation violated federal law when it withdrew a job offer from an applicant...more

U.S. Equal Employment Opportunity Commission...

Werner Enterprises Sued by EEOC For Disability Discrimination in Hiring

Nebraska Trucking Company Also Made Unlawful Pre-Offer Disability-Related Inquiries, Federal Agency Charges - ST. LOUIS - Werner Enterprises, Inc., a truckload carrier headquartered in Omaha, Neb., violated the Americans...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Pacific Sunwear Of California, LLC

Lifestyle Clothing Retailer Refuses to Hire Applicant in Wheelchair, Federal Agency Charges - JACKSONVILLE, Fla. - Pacific Sunwear of California (PacSun), a leading specialty retailer that sells casual apparel,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues M&R Consulting, LLC For Disability Discrimination

Home Care Company Refused to Hire Home Caregiver It Perceived as Disabled, Federal Agency Says - BALTIMORE - M&R Consulting, LLC, a Towson, Md,-based home care agency doing business as Home Instead Senior Care, violated...more

U.S. Equal Employment Opportunity Commission...

Salvation Army to Pay $55,000 To Settle EEOC Disability Discrimination Lawsuit

Aid Organization Refused to Hire Qualified Applicant at Wasilla Store Due to His Intellectual Disability, Federal Agency Charged - ANCHORAGE, Alaska -Global humanitarian organization The Salvation Army will pay $55,000...more

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