Job Description Mistakes You Don’t Want to Make
Employers beware. In Roque v. Octapharma Plasma Inc., a California jury delivered an award of over $11 million to an individual plaintiff in an employment discrimination case despite the absence of economic damages for wages...more
The federal agency that enforces workplace anti-discrimination laws is suing an employer for allegedly failing to accommodate an employee’s known pregnancy-related limitations, the first-ever lawsuit filed under the new...more
The Equal Employment Opportunity Commission (EEOC) recently announced a settlement to resolve a discrimination charge alleging an employer terminated a pregnant employee after she requested a reasonable accommodation to...more
On August 9, 2024, the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s grant of summary judgment in favor of the U.S. Environmental Protection Agency (EPA) on an employee’s...more
Seyfarth Synopsis: The Tenth Circuit Court of Appeals reversed a summary judgment award on an employee’s failure-to-accommodate claim. The Court’s decision focused on the employer’s improperly narrow delineation of the...more
In EEOC v. Charter Communications, LLC, the Seventh Circuit Court of Appeals recently held an employee with a disability may be entitled to an Americans with Disabilities Act (ADA) accommodation to get to work when attendance...more
The Americans with Disabilities Act requires employers to provide reasonable accommodations that allow disabled employees to perform the essential functions of their jobs. Over the years, federal appellate courts have reached...more
Employers faced with requests from employees for a religious accommodation to an employment requirement, policy or practice are now required to apply a new undue hardship analysis when considering whether to grant or deny the...more
Pregnant Employees Were Denied Accommodations and Required to Submit to Unnecessary Medical Examinations- CHICAGO – Symphony Deerbrook, LLC will pay $400,000 and furnish other relief to settle a pregnancy discrimination...more
Seyfarth Synopsis: In a wide-ranging opinion on pivotal ADA and EEOC jurisdictional issues, the U.S. District Court for the Eastern District of Pennsylvania in EEOC v. Geisinger Health, et al. called mostly strikes against...more
At one time or another, one of your employees may have had a serious health condition resulting in multiple absences, followed by a release to return to work with restrictions that you believed prevented the employee from...more
While employers are excited to see many of their employees return to work following prolonged absences due to the pandemic, one unfortunate consequence is that disability discrimination and failure-to-accommodate claims are...more
If disabled employees are no longer able to perform the essential functions of their job even with reasonable accommodation, under the Americans with Disabilities Act the employer must consider transferring the workers to an...more
The U.S. District Court for the Northern District of Alabama recently granted summary judgment to United States Steel Corporation, finding that the company did not deny Raymond Carr III, a former employee with chronic...more
The retail setting is a particularly difficult one in which to make accommodations. This is because retail employees engage in a host of different duties that require all manner of physical activities. Those who are...more
Employer Failed to Take Appropriate Action Despite Criminal Report of Assault, Federal Agency Charges - SACRAMENTO, Calif. -Sprint Authorized retailer Elite Wireless Group, Inc. violated federal law when the retailer...more
Employer Denied Needed Bathroom Breaks to Worker with Bladder Condition, Federal Agency Charges - JUNEAU, Alaska - Club Demonstration Services, Inc. violated federal law when it refused to accommodate an employee in...more
Many health care employers require employees with patient contact to obtain various vaccinations as a condition of employment. Occasionally, employees or applicants will decline the vaccines and request an exemption based on...more
Q: I understand that employers may be required to offer reasonable accommodations to hearing-impaired applicants and employees. When are accommodations required? What kind of accommodations must employers offer?...more
Plaintiffs who want to file lawsuits alleging discrimination under federal civil rights laws such as Title VII must first file an administrative charge with the Equal Employment Opportunity Commission before proceeding to...more
Overturning 40 years of precedent, the 10th Circuit Court of Appeals has just ruled that an employee’s failure to file an EEOC charge does not necessarily bar consideration of a private discrimination lawsuit. By concluding...more
A North Carolina district court recently declined to dismiss a failure to accommodate and wrongful termination action brought by the EEOC on behalf of a patient accounts representative in EEOC v. Advance Home Care, Inc....more
The Tenth Circuit Court of Appeals recently reversed a decision by the U.S. District Court for the District of Utah granting summary judgment in favor of Kellogg USA in a case involving an alleged failure to accommodate...more
On October 16, 2017, the Supreme Court rejected an employee’s petition for review of a decision in Stevens v Rite Aid Corporation. Stevens sued under the Americans with Disabilities Act (“ADA”) for alleged discriminatory...more
Indeed, the EEOC filed far more than 80 lawsuits during July, August, and September 2017 – the last quarter of its fiscal year. Approximately 50 percent of those lawsuits targeted employers for alleged individual and, more...more