News & Analysis as of

Hiring & Firing Americans with Disabilities Act Disability Discrimination

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -

Employer ADA Test Conundrum? Seventh Circuit Flip Flops on ADA Accommodation Ruling

by LeClairRyan on

The Seventh Circuit ruled that an employee’s extended medical leave request was “categorically unreasonable” under the ADA. However, what should an employer do when one of the Seventh circuit judges writes that prior decision...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

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

At last! Not One, But TWO Court Decisions That Scale Back an Employee's Right to Take Additional Leave After FMLA is Exhausted

by Franczek Radelet P.C. on

There may not be an issue more difficult in HR land than how to deal with an employee who cannot return to work after FMLA leave expires. Is additional leave beyond 12 weeks required? The answer is almost always ‘yes.’ ...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

Retaliation 101

by McAfee & Taft on

A recent opinion from the U.S. Tenth Circuit Court of Appeals involving Tulsa’s American Airlines facility serves as a reminder of the kind of evidence required to establish retaliation....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

Pharmacy Chain Not Required To Reasonably Accommodate Needle-Phobic Pharmacist

by Farrell Fritz, P.C. on

Trypanophobia—the fear of needles—played a significant role in a case brought against Rite Aid Pharmacy under the Americans with Disabilities Act (ADA). In Stevens v. Rite Aid Corp., the Second Circuit overturned a jury...more

New Mexico Court Rules Employee Is Entitled To Nationwide Discovery In FMLA Case

by Jackson Lewis P.C. on

On October 10, 2017, Judge Ritter issued the Memorandum Opinion and Order which granted a former employee’s Motion to Compel and held that the former employee was entitled to information from the company’s nationwide offices...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 Court of Appeals – Super Human Resource Department?

by Ruder Ware on

The Seventh Circuit Court of Appeals (which addresses federal court cases brought in Wisconsin) has stated in the past that it does not intend to be a “super human resource department” for employers. Recent court decisions...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

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

EEOC Sues San Diego Company Insideup for Disability Discrimination

Employee with COPD, Emphysema and Asthma Denied Accommodation, Federal Agency Charged - SAN DIEGO, Calif. - InsideUp, Inc., a San Diego-based company, violated federal law when its managers refused to provide an...more

Jacksons Food Sued by EEOC for Disability Discrimination for the Second Time

Employee Recovering from Wrist Surgery Forced to Train Replacement, Then Fired, Federal Agency Charges - BOISE, Idaho - Jackson Energy, a division of Jacksons Food Stores, violated federal law by refusing to accommodate a...more

EEOC Sues Norfolk Southern Corporation For Company-Wide Disability Discrimination

Railroad Unlawfully Disqualified Workers Because Of Disabilities, Federal Agency Charges - PITTSBURGH, Pa. - Norfolk Southern Corporation and subsidiary Norfolk Southern Railway Company, a provider of rail-based...more

EEOC Sues Dollar General for Disability And Genetic Information Discrimination

Retail Giant Rescinded Job Offers Based on Disabilities and Demanded Family Medical History During Post-Offer Medical Exams, Federal Agency Charges - BIRMINGHAM, Ala. - Dolgencorp, LLC, dba Dollar General Stores, Inc.,...more

How Long is Too Long?? Seventh Circuit Sheds Light on Leave as Reasonable Accommodation

by Baker Donelson on

On September 20, 2017, the U.S. Court of Appeals for the Seventh Circuit issued an opinion addressing the most difficult question employers encounter when faced with a request for leave as an accommodation for a disability –...more

EEOC Sues Hertz for Disability Discrimination

Hertz Refused to Hire Applicant With Most Experience Because He Uses a Cane, Federal Agency Charges - DENVER - The Hertz Corporation unlawfully refused to hire a job applicant due to his mobility impairment, the U.S....more

Allsup’s Settles EEOC Pregnancy and Disability Discrimination Lawsuit For $950,000

Convenience Stores Systematically Discriminated Against Pregnant Workers and Refused to Accommodate Their Pregnancy-Related Disabilities, Federal Agency Charged - ALBUQUERQUE, N.M. - Allsup's Convenience Stores, Inc.,...more

PPG Industries To Pay $45,250 To Settle EEOC Disability Discrimination Suit

Global Paint Supplier Fired Employee Who Had a Seizure, Federal Agency Charged - DETROIT - PPG Industries, Inc., a Pittsburgh-based paint manufacturing company, has agreed to pay $45,250 to settle a federal disability...more

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