News & Analysis as of

Disability Discrimination Equal Employment Opportunity Commission

Strataforce Settles EEOC Disability Discrimination Lawsuit

Company Required Applicants to Complete an Unlawful Pre-Offer Health Questionnaire, Federal Agency Charged - INDIANAPOLIS -- Strataforce, a staffing firm with offices in California, Indiana, North Carolina, and South...more

What Employers Should Know About The EEOC’s New Focus

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Blog readers will recall our Vlog in early October recapping the EEOC’s 2017 Fiscal Year. Today, Jerry Maatman of Seyfarth Shaw, LLP discusses recent developments from the EEOC that ought to be “required...more

Long-Term Leave Under the ADA May Be Another Step Closer to Becoming a Thing of the Past

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Eleventh Circuit is the next to find a long-term leave of absence is not a reasonable accommodation under the ADA. Just a few months after a recent and definitive decision by the Seventh Circuit...more

The Leaves Are Falling: Differing Interpretations Of Leave As ADA Accommodation

The United States Equal Employment Opportunity Commission (EEOC) has consistently maintained that leaves of absence should be considered as a form of reasonable accommodation under the Americans with Disabilities Act (ADA)....more

Managing the Interplay Between the ADA, FMLA and WC

by Foley & Lardner LLP on

The following description may seem quite familiar to those who deal with employee issues on a daily basis. Your employee, who has a physically demanding job on the factory floor, has been out on leave for an injury that he...more

Phoebe Putney Hospital Sued by EEOC For Disability Discrimination

Hospital Discharged Employee Because She Requested Leave Due to Her Medical Condition, Federal Agency Charged - ATLANTA - Phoebe Putney Memorial Hospital, a regional medical center located in Albany, Ga., violated federal...more

Trick or Treat? Employee Claims Discrimination After Attending Office Halloween Party

Before you send out that next office-wide invite to a “holiday” party, think twice. Carmelite Lofton has sued her employer, BSN Sports, LLC—a Texas uniform and equipment retailer—when things turned sour after she was forced...more

Gavel to Gavel: Surge in claims necessitates updates

by GableGotwals on

It’s important employers review their policies, procedures and training programs when it comes to mental health disabilities in the workplace. With one in four Americans experiencing some kind of mental impairment, no...more

Employment Law This Week®: EEOC & Disability Discrimination Lawsuits, Arbitration Deferral Case, Statutory Claims for Travel Pay...

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Changing of the Leaves: EEOC Again Pushes for Additional Leave as ADA Accommodation

We have said it before — the EEOC believes that leave is a reasonable accommodation and automatic termination when FMLA leave runs out violates the Americans with Disabilities Act. Even though at least one federal court has...more

Kaiser Aluminum Settles EEOC Disability Discrimination Lawsuit

Agreement Provides $175,000 and Job Offer for Construction Worker - SPOKANE, Wash. - Kaiser Aluminum Corporation, the leading producer of fabricated aluminum products in the United States, will pay $175,000 and reinstate...more

Top 5 Tips For Conducting Pre-Employment Medical Exams

by Jackson Lewis P.C. on

In a recently filed lawsuit, the U.S. Equal Employment Opportunity Commission contends that Consolidated Edison Co. (“Con Ed”) violated the Americans with Disabilities Act (“ADA”) and the Genetic Information...more

Is an Extended Leave of Absence a Reasonable Accommodation?

by Stinson Leonard Street on

The U.S. Court of Appeals for the Seventh Circuit recently held in no uncertain terms that "a multi-month leave of absence is beyond the scope of a reasonable accommodation under the ADA." ...more

Seventh Circuit Rejects EEOC Position Holding That a "Long-Term Leave of Absence" is Not a Reasonable Accommodation

by Clark Hill PLC on

On September 20, 2017, the Seventh Circuit held a "long-term leave of absence," in addition to 12 weeks of Family Medical Leave Act (FMLA) leave, is not a reasonable accommodation under the Americans with Disabilities Act...more

Jones Lang LaSalle Americas Sued by EEOC for Disability Discrimination

Commercial Real Estate Firm Rescinded Job Offer After Applicant Disclosed Her PTSD and Requested an Accommodation, Federal Agency Charges - ATLANTA - The Atlanta office of a commercial real estate and investment...more

Seventh Circuit Provides Clarity on Leaves of Absence and the ADA

by Holland & Knight LLP on

The U.S. Court of Appeals for the Seventh Circuit recently held that an employer's refusal to offer an employee a two- or three-month medical leave of absence following his exhaustion of his Family Medical Leave Act (FMLA)...more

Seventh Circuit Puts the Brakes on Never-ending Leave Under the ADA

by Foley & Lardner LLP on

Employers everywhere have been repeatedly warned not to automatically terminate employees who have exhausted their Family and Medical Leave Act (FMLA) leave. Instead, employers should first consider whether the employee might...more

Seventh Circuit Holds That Extension of A Medical Leave Is Not A Reasonable Accommodation

On September 20, 2017, the Seventh Circuit held that an extension of a medical leave more than a few days beyond the 12 weeks provided by the Family and Medical Leave Act (“FMLA”) is not a reasonable accommodation under the...more

EEOC alleges medical exams and questionnaires violate ADA, GINA

by McAfee & Taft on

The Americans with Disabilities Act (ADA) limits an employer’s ability to make disability-related inquiries or subject individuals to medical exams. No such inquiries or exams may be made until an offer of employment is made....more

EEOC Sues Evergreen Kia For Sexual Orientation and Disability Discrimination

Car Dealership Owner Subjected Employee to Constant Harassment for Being Gay and Having Crohn's Disease, Federal Agency Charges - CHICAGO - Chicago car dealership Evergreen Kia violated civil rights law by subjecting an...more

Aldonsa/Oilfield Instrumentation USA To Pay $25,000 To Settle EEOC Disability Lawsuit

Equipment Supplier Denied Job to Insulin-Dependent Applicant on Belief That Diabetics Are Too 'Fragile' to Work Offshore, Federal Agency Charged - NEW ORLEANS -- Aldonsa, Inc., dba Oilfield Instrumentation, USA, Inc., a...more

EEOC Sues Heart’s Desire for Disability Discrimination

Home-Based Care Provider Fired Employee With HIV, Federal Agency Charges - NEW ORLEANS - Heart's Desire, LLC, a Monroe, La., home-based care provider, violated federal law when it discriminated against an employee because...more

Make Sure You’re On Target When Using Direct Threat Defense

by Fisher Phillips on

An employer’s personnel decisions do not always have to be “correct” in order to avoid liability under most federal and state anti-discrimination laws. If you decide to terminate an employee for engaging in workplace...more

Kessinger Hunter Management Sued By EEOC For Disability Discrimination

Kansas City Property Management Company Refused to Grant an Employee's Request for a One-Week Extension of Medical Leave to Recuperate From Surgery - ST. LOUIS - Kessinger Hunter Management (KHM), a national commercial...more

EEOC Sues Home Depot For Disability Discrimination

Peru, Ill., Store Fired Employee Because of Her Irritable Bowel Syndrome and Fibromyalgia in Violation of ADA, Federal Agency Charges - CHICAGO - Home Depot failed to accommodate and then fired an employee who had a...more

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