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Back Pay Americans with Disabilities Act (ADA)

DirectEmployers Association

OFCCP Week In Review: October 2023 #4

Monday, October 16, 2023: New US DOL Administrative Review Board Decision from March Sets Down New Backpay Calculation Runway in Litigated OFCCP Cases - Former Labor Secretary Walsh Reversed Previous ARB/ALJ Rulings Last...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 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...

Hospital Housekeeping Services Sued by EEOC for Disability Discrimination

Company Fired Disabled Workers Because of Their Inability to Pass an Essential Functions Test, Federal Agency Charges - Fort Smith, Ark. –Hospital Housekeeping Services (HHS) violated federal law when it terminated...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

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 Lonza America / Arch Chemicals for Disability Discrimination

Nationwide Company Violated Federal Law When It Conducted Unlawful Medical Exams And Fired a Recovering Opioid Addict, Federal Agency Charges - CHATTANOOGA, Tenn. – Lonza America, Inc., which formerly operated in...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...

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

U.S. Equal Employment Opportunity Commission...

EEOC Sues Black Forest Décor for Disability Discrimination

Home Décor Business Fired Warehouse Employee for Taking Unpaid Leave It Forced Her to Use, Federal Agency Charges - LOUIS - Black Forest Décor, LLC violated federal law when it forced a worker with a disability at its...more

Foley & Lardner LLP

So What’s it Going to Cost Me?

Foley & Lardner LLP on

When faced with an employment discrimination, harassment or retaliation claim, often the immediate response is, “We are going to defend ourselves and prove we are right,” followed by, “So what will it cost us if we lose?”...more

Seyfarth Shaw LLP

“A Telecommute Dispute” – What Is A Reasonable Accommodation Under The ADA?

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Sixth Circuit Court of Appeals recently held that telecommuting can be a reasonable accommodation under the ADA when the employee is able to perform the essential functions of the position remotely and...more

U.S. Equal Employment Opportunity Commission...

Signature Industrial Services Sued By EEOC for Disability Discrimination

Petro-Chemical Contractor Fired Three Brothers Because of Their Blood Disorder, Federal Agency Charges - HOUSTON - Signature Industrial Services, LLC (SIS) unlawfully fired three laborers - all of whom were brothers -...more

U.S. Equal Employment Opportunity Commission...

EEOC Files Disability Discrimination Lawsuit Against Heritage Home Group

Home Furnishings Company Denied Accommodation to and Fired Employee, Federal Agency Charges - CHARLOTTE, N.C. - Heritage Home Group, LLC (Heritage Home), a North Carolina corporation that designs, manufactures, sources...more

U.S. Equal Employment Opportunity Commission...

Greektown Casino Sued By EEOC For Disability Discrimination

Employer Failed to Grant Leave Extension for Employee With Stress-Anxiety Disorder And Fired Him Instead, Federal Agency Charges - DETROIT - A Detroit casino operator violated federal law by denying a reasonable...more

U.S. Equal Employment Opportunity Commission...

Jury in EEOC Suit Says Dollar General Must Pay Former Employee Over $277,565 For Disability Discrimination

Diabetic Employee Fired After Drinking Orange Juice to Stop Attack - KNOXVILLE, Tenn. - A federal jury has found in favor of the U.S. Equal Employment Opportunity Commission (EEOC) in a federal disability discrimination...more

Genova Burns LLC

Refusing to Attend a Fitness-For-Duty Exam May Not Be Grounds For Termination under the ADA

Genova Burns LLC on

On January 25, 2016, the New Jersey Appellate Division clarified the requirements set forth by the Americans with Disabilities Act (ADA) and the related guidance issued by the U.S. Equal Employment Opportunity Commission...more

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