News & Analysis as of

Enforcement Actions Americans with Disabilities Act (ADA) Disability Discrimination

Seyfarth Shaw LLP

Federal Trade Commission Orders accessiBe to Pay $1M For Misleading Claims Relating to Automated Website Accessibility Remediation...

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The FTC issued a Decision and Order prohibiting accessibility plug-in/Widget vendor AccessiBe from making misleading claims and to pay $1 million....more

Littler

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and...

Littler on

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission...more

Seyfarth Shaw LLP

Federal Court Website Accessibility Lawsuit Filings Continue to Decrease in 2024

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Plaintiffs filed 2,452 website accessibility lawsuits in federal court in 2024 – a 13% decrease from 2023....more

Seyfarth Shaw LLP

Serial Plaintiff Seeking to Enforce a Delinquent Settlement Payment Gets a Sharp Judicial Rebuke from EDNY Federal Judge

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Concerned that serial plaintiffs are not actually ensuring that defendants are removing access barriers under their confidential settlement agreements, EDNY Judge Cogan takes charge....more

Fox Rothschild LLP

DOE’s Office for Civil Rights Releases First Retaliation Guidance in 12 Years

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The U.S. Department of Education’s (DOE) Office for Civil Rights (OCR) released a new resource that details its process for investigating retaliation claims and provides examples of cases it investigates. Released in...more

Seyfarth Shaw LLP

Our 2024 ADA Title III Recap and Predictions for 2025

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2024 saw some interesting developments and an uptick in lawsuit filings from 2023; expect less ADA Title III enforcement and rulemaking activity from DOJ in 2025....more

Parker Poe Adams & Bernstein LLP

ADA May Require Employer to Provide ASL Interpreter for Routine Meetings

Earlier this month, the Equal Employment Opportunity Commission announced settlement of a disability discrimination lawsuit brought by the agency against a Florida fast-food restaurant franchisee. The lawsuit alleged that the...more

Sheppard Mullin Richter & Hampton LLP

EEOC Issues Guidance Regarding How Employer Software and Artificial Intelligence May Discriminate Against Individuals With...

On May 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) issued guidance addressing the application of the Americans with Disabilities Act (“ADA”) to employers utilizing software, algorithms, and artificial...more

Akerman LLP - HR Defense

Thousands of COVID-Related EEOC Charges Filed; More to Come?

Employers should be prepared: while COVID may feel like it’s on the wane, COVID-related charges filed with the U.S. Equal Employment Opportunity Commission (EEOC) are on the rise. According to data published by Bloomberg from...more

Stokes Wagner

Under the ADA, Mental Illness is Illness too

Stokes Wagner on

A recent EEOC case involving an executive who was fired after having an episode of depression underlines the importance of accommodating mental disabilities under the Americans with Disabilities Act (“ADA”). In Equal...more

Bailey & Glasser, LLP

Remote Work Accommodation Requests in a Post-COVID World: How “Essential” is the Office Anyway?

Bailey & Glasser, LLP on

After nearly two years of having the flexibility to work from home, it’s not hard to understand why many employees are reluctant to return to the “old ways” of business casual attire, hour-long commutes, and five days per...more

Epstein Becker & Green

#WorkforceWednesday: EEOC Enforcement Uptick, New York Limits Private Confidential Settlements, Anti-Harassment Training for...

Epstein Becker & Green on

This week, we focus on what can be learned from the Equal Opportunity Employment Commission’s (EEOC’s) fiscal year (FY) 2021 filings as employers continue to navigate COVID-19 in the months ahead. EEOC: Back in Enforcement...more

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

EEOC Brings First Pandemic Disability Discrimination Suit Over Denial of Telework Accommodation

The COVID-19 pandemic has led to an explosion of remote work, including for positions traditionally not considered eligible for remote work. As employers have returned employees to office work environments, some employees who...more

U.S. Equal Employment Opportunity Commission...

Imperial Trading to Pay $140,000 to Settle EEOC Disability Discrimination Suit

Wholesale Distributor Failed to Reasonably Accommodate Workers with Disabilities, Federal Agency Charged - HOUSTON - A wholesale distributor based in Jefferson Parish, La., has agreed to pay $140,000 and provide other...more

U.S. Equal Employment Opportunity Commission...

Heritage Charity Auctions & Awards Settles EEOC Disability Discrimination Suit

Memorabilia and Auction Company Fired Employee Because of Mental Disabilities, Federal Agency Charged - ATLANTA - Heritage Charity Auction & Awards, Inc., a manufacturer and seller of display cases for memorabilia and...more

U.S. Equal Employment Opportunity Commission...

Cutter Mazda of Honolulu Settles EEOC Disability Discrimination Case

Company Commits to Ongoing Efforts to Hire and Recruit Deaf and Hard of Hearing Applicants - HONOLULU, Hawaii - Cutter Mazda of Honolulu ("Cutter Mazda") and the U.S. Equal Employment Opportunity Commission (EEOC) entered...more

U.S. Equal Employment Opportunity Commission...

Massey Services Will Pay $63,000 to Settle EEOC Discrimination and Retaliation Lawsuit

Pest Control and Landscaping Company Terminated and Refused to Rehire Employee With Disability After Denying Her Request for Leave as Accommodation, Federal Agency Charged - CHARLESTON, S.C. - Pest control and landscaping...more

U.S. Equal Employment Opportunity Commission...

American Woodmark to Pay $25,000 to Settle EEOC Disability Discrimination Suit

Employee With Disabilities Denied a Reasonable Accommodation and Discharged After Seeking Two Days of Unpaid Leave, Federal Agency Charges - ATLANTA - American Woodmark Corporation, a wood cabinetry manufacturer, will pay...more

U.S. Equal Employment Opportunity Commission...

Titus-Will to Pay $125,000 to Settle EEOC Discrimination Lawsuit

Newly Hired Employee Was Fired After Disclosing Brain Tumor, Federal Agency Charged - SEATTLE - Prominent Pacific Northwest auto dealer Titus-Will has agreed to pay $125,000 and adopt anti-discrimination policies and...more

U.S. Equal Employment Opportunity Commission...

Herbruck Poultry Ranch, Inc. Pays $93,000 to Settle EEOC Harassment and Retaliation Suit

Egg Producer Harassed, Retaliated Against, and Constructively Discharged a Disabled Employee, Federal Agency Charged - DETROIT - A Saranac, Michigan egg producer will pay $93,000 and provide other relief to settle a...more

U.S. Equal Employment Opportunity Commission...

USAble Life Sued by EEOC For Retaliation

Insurance Company Fired Employee Over Her Discrimination Complaint, Federal Agency Charges - LITTLE ROCK, Ark. - USAble Life, an insurance company located in Little Rock, Ark., violated federal law when it fired an...more

U.S. Equal Employment Opportunity Commission...

EEOC and Lifewell Living Center, LLC Conciliate Disability Charge

ALBUQUERQUE - The U.S. Equal Employment Opportunity Commission (EEOC) and LifeWell Living Center, LLC have reached a voluntary conciliation agreement to resolve allegations of disability discrim­ination raised by a former...more

U.S. Equal Employment Opportunity Commission...

Adecco USA to Pay $49,500 to Settle EEOC Disability Discrimination Suit

Staffing Agency Refused to Hire Employee Due to Disability, Federal Agency Charged - Pittsburgh - Adecco USA, Inc., a staffing agency based in Jacksonville, Fla., will pay $49,500 and furnish significant equitable relief...more

U.S. Equal Employment Opportunity Commission...

Goodwill Industries to Pay $65,000 to Settle Disability Discrimination Lawsuit

Nonprofit Refused to Provide Accommodations for Janitor with Cognitive Disability, Federal Agency Charged - NEW YORK - Goodwill Industries of Greater New York and Northern New Jersey, Inc., which provides job...more

U.S. Equal Employment Opportunity Commission...

Family Dollar to Resolve EEOC Disability Discrimination Lawsuit

DETROIT, MI-Family Dollar Stores of Michigan, LLC, a retailer with discount stores throughout Michigan, will pay $25,000 and provide other relief to settle a federal disability-discrimination lawsuit filed by the U.S. Equal...more

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