News & Analysis as of

Disability Discrimination

Heritage Home Group to Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

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

M.G. Oil (Happy Jack’s Casino) to Pay $45,000 to Settle EEOC Disability Discrimination Case

South Dakota Company Failed to Hire Applicant Because of Prescribed Medication Taken to Treat Her Disability, Federal Agency Charged - SIOUX FALLS, S.D. - M.G. Oil Company, doing business as Happy Jack's Casino, has...more

Employment news - May 2018

by Hogan Lovells on

No need to know that reason for unfavourable treatment arises from disability - Employees can only succeed with a claim of unfavourable treatment arising from a disability if the employer knows that they have a disability....more

Cooper Machine Company Sued by EEOC for Disability Discrimination

Company Fired Employee Because of Her Disability Federal Agency Charged - ATLANTA - Cooper Machine Company, Inc., a Wadley, Ga., company that sells and manu­factures equipment used in the sawmill industry, violated...more

The Rising Tide of ADA Litigation Against Health Care Entities

Over the past several years, health care entities have increasingly become the target of private and government plaintiffs complaining of disability discrimination. A crescendo of litigation has engulfed the health care...more

Foothills Child Development Center Agrees to Settle EEOC Disability Discrimination Lawsuit

Company Fired Employee for Participation in Medication-Assisted Treatment for Drug Addiction, Federal Agency Charged - GREENVILLE, S.C. - Foothills Child Development Center, Inc., a South Carolina corporation that owns...more

The Online World at Risk of ADA Lawsuits

by Steptoe & Johnson PLLC on

Lawsuits and enforcement actions over websites’ accessibility to disabled people have swamped businesses, as well as colleges and universities over the past several years. “We’ve seen such a spike in the last few years in...more

First Circuit Finds Termination of Employee for Inability to Work Rotating Schedule Did Not Violate the Americans with...

by FordHarrison on

Recently, the United States Court of Appeals for the First Circuit, in Sepulveda-Vargas v. Caribbean Restaurants, LLC, affirmed a lower court’s decision in favor of the employer in a lawsuit alleging violations of the...more

U.K. Court of Appeal Addresses Disability Discrimination Based on Long Working Hours

by Littler on

We have all been there. Late in the evening, on the phone to your partner or family, trying to explain why you must stay late at work despite no one actually asking you to do so. It can be frustrating and tiresome, but for...more

Congress Considers Changes to Americans with Disabilities Act to Prevent Serial Lawsuits

by Stinson Leonard Street on

Lawsuits against businesses alleging minor violations of the Americans with Disabilities Act (ADA), often filed in bulk by a small cadre of attorneys on behalf of the same plaintiffs, are on the rise both nationally and in...more

Value Village Sued by EEOC For Disability Discrimination

hrift Store Rejected Repeated Requests for Reasonable Accommodations for Employee With COPD and Emphysema, Federal Agency Charges - ATLANTA - Two Peaches Group, LLC, d/b/a Value Village, a for-profit thrift store operating...more

Supreme Court’s Inaction Establishes that Post-FMLA Medical Leave is Not Required Under ADA

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Supreme Court’s decline of a Seventh Circuit appellate decision solidifies that where an employee is medically unable to return to work within a very short time period following a leave of absence,...more

EEOC Sues Hirschbach Motor Lines For Disability Discrimination

National Trucking Company Used "Back Assessment" to Screen Out Job Applicants It Regarded as Disabled, Federal Agency Charges - PORTLAND, Maine - Hirschbach Motor Lines, Inc. violated federal law by using a pre-employment...more

Theatre Must Provide Captioning For All Live Performances Says Federal Judge

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A Minnesota federal judge orders a theatre to provide, upon request, captioning services for the deaf for all theatrical performances....more

Jackson Lewis Class Action Trends Report Spring 2018 Now Available

by Jackson Lewis P.C. on

Below is the latest issue of the Jackson Lewis Class Action Trends Report. This report is published on a quarterly basis by our firm’s class action practice group in conjunction with Wolters Kluwer. We hope you will find...more

When Do Employers Have Constructive Knowledge of Disability?

by Faegre Baker Daniels on

In Donelien v Liberata UK Ltd [2018] EWCA Civ 129, the Court of Appeal considered whether an employer had constructive knowledge of an employee’s disability. Ms Donelien was employed by Liberata UK Limited (Liberata) as a...more

EEOC Sues Walmart For Disability Harassment

Giant Retailer Refused to Accommodate Disabled Employee by Reassigning Her to a Nearby Store, Federal Agency Charges - BANGOR, Maine - Walmart, Inc. violated federal law by failing to reassign a long-term employee to a...more

Evergreen KIA to Pay $100,000 To Settle EEOC Sexual Orientation and Disability Discrimination Lawsuit

Car Dealership Subjected Employee to Harassment for Being Gay and Having Crohn's Disease, Federal Agency Had Charged - CHICAGO - Chicago car dealership Evergreen Kia will pay $100,000 and provide other relief to settle a...more

EEOC Sues Ashley Distribution Services, LTD. For Disability Discrimination

Distribution and Delivery Company Refused to Hire Truck Driver with a Perceived Disability, Federal Agency Charges - WINSTON-SALEM, N.C. - Ashley Distribution Services, Ltd., a Wisconsin corporation doing business in...more

Doctor, Doctor

by FordHarrison on

What if an employee has exhausted her FMLA leave but is not ready to return to work? Most of you have probably faced such a situation and are aware that the Americans with Disabilities Act requires the employer to consider...more

Dear Littler: How Should We Approach an Employee Showing Signs of Cognitive Decline?

by Littler on

Dear Littler: We have an employee who is exhibiting signs of dementia or some other sort of cognitive impairment. He has fallen asleep at work a few times recently and seems confused by tasks that did not pose any problem for...more

Putting the Compensability Brakes on Frequent Employee Breaks

by Carlton Fields on

Are frequent and short work breaks necessitated by an employee’s serious health condition considered “compensable” time under the Fair Labor Standards Act (FLSA)? Last week, the Department of Labor, Wage and Hour Department...more

ADA Website Accessibility Lawsuits on the Rise: Companies Should Review Their Potential Exposure

by Blank Rome LLP on

With the recent spike in website accessibility lawsuits, companies should review their websites for compliance with the Americans with Disabilities Act (“ADA”) in order to avoid litigation and should consider taking steps to...more

Macy’s To Pay $75,000 To Settle EEOC Disability Discrimination Lawsuit

Retailer Refused to Excuse Asthmatic Employee's One-Day Absence and Fired Her, Federal Agency Charged - CHICAGO - Macy's will pay a former long-term employee $75,000 to settle a disability discrimination lawsuit filed by...more

Mariah Carey Won’t Let Bipolar Diagnosis “Define” or “Control” Her

by FordHarrison on

Mariah Carey, known as an iconic singer-songwriter and a dramatic diva, disclosed to People magazine last week that she has bipolar disorder. Although she was first diagnosed in 2001, Carey says she finally sought treatment...more

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