News & Analysis as of September 25, 2024

Pre-Employment Health Screenings

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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 -

The EEOC Continues to Update Guidance on Returning to Work Pandemic-Prepared

Payne & Fears on 4/30/2020

The EEOC continues to update its pandemic preparedness guidance regarding the Americans with Disabilities Act (ADA), the Rehabilitation Act, and other Equal Employment Opportunity laws in the wake of COVID-19. The guidance...more

Federal Agency Sues Hospital Over Late Career Practitioner Policy

ArentFox Schiff on 2/18/2020

On Tuesday, February 11, 2020, the Equal Employment Opportunity Commission filed a complaint against Yale New Haven Hospital alleging that the hospital’s Late Career Practitioner Policy violates both the Age Discrimination in...more

HR Quick Takes: Pre-Employment Physical

Dentons on 12/4/2019

Q: What can I ask about in a pre-employment physical? A: The ADA requires that any substantive health inquiry happen post contingent offer. You are limited to items that are relevant to job performance....more

HR Quick Takes: Employee Vaccination Inquiry

Dentons on 12/2/2019

Q: In a world where you can get measles at Disney World, can I ask my employees if they have been vaccinated? A: This inquiry is generally part of a pre-employment physical for certain occupations or industries, such as...more

ADA Not Violated By Refusal To Hire Due To Risk Of Future Disability

Laner Muchin, Ltd. on 11/18/2019

On October 29, 2019, the Seventh Circuit Court of Appeals held in Shell v. Burlington Northern Santa Fe Railway Company that the Americans with Disabilities Act’s (ADA) definition of “disability” is not met “where an employer...more

Seventh Circuit Rules the ADA Does Not Protect Future Disabilities

Miles & Stockbridge P.C. on 11/13/2019

On October 29, 2019, the Seventh Circuit held that Burlington Northern Santa Fe Railway Company (“BNSF”) did not violate the Americans with Disabilities Act (“ADA”) by refusing to hire a job applicant due to his obesity. The...more

Reliable Staffing to Pay $25,000 and Change Hiring Policy to Resolve EEOC Discrimination Finding

U.S. Equal Employment Opportunity Commission... on 10/9/2019

Staffing Firm Used Unlawful Means to Screen Out Applicants With Disabilities, Federal Agency Charged - INDIANAPOLIS - Reliable Staffing, an Indianapolis staffing firm, will pay $25,000 and furnish other relief to...more

EEOC Sues Walmart for Discriminatory Hiring Practices at Oklahoma Distribution Center

U.S. Equal Employment Opportunity Commission... on 10/2/2019

Retail Giant Refused to Allow Job Applicant to Take Pre-Hiring Physical Assessment Test Due to Obvious Disability, Federal Agency Charged - ST. LOUIS - Wal-Mart Stores East, LP violated federal law when it declined a job...more

Obesity Is A Disability, Washington Supreme Court Rules

Dorsey & Whitney LLP on 7/15/2019

The Washington Supreme Court yesterday ruled, for the first time in Washington, that obesity can be a disabling condition that protects workers from discrimination and requires accommodation. Employee, Casey Taylor, sued...more

EEOC Sues Rogers Behavioral Health for Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 6/28/2019

Residential Health Facility Rescinded Employment Offer When a Drug Screen Revealed an Applicant's Legally Prescribed Medication - MILWAUKEE - An Oconomowoc, Wis., inpatient residential health facility violated federal law...more

Bashful Bladders Bring Problems for Employers

Foley & Lardner LLP on 4/10/2019

The ever-evolving legal landscape surrounding marijuana legalization has in recent years continued to cloud the waters with respect to workplace drug testing programs. However, beyond the complex issue of whether employers...more

No Vaccine? No Job! Court Affirms Employer’s Ability to Condition Employment Upon Vaccinations

Polsinelli on 12/13/2018

On December 7, 2018, the U.S. Eighth Circuit Court of Appeals held that an employee who was terminated for refusing to take a rubella vaccine was not discriminated or retaliated against, under the Americans with Disabilities...more

EEOC Sues Appalachian Wood Products, Inc. For Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 10/10/2018

Employer Made Unlawful Medical Inquiries and Refused to Hire Applicants Based on Disability, Federal Agency Charges - JOHNSTOWN, Pa. - Appalachian Wood Products, Inc., a Clearfield, Pa.-based major supplier of cabinet...more

JBS Carriers Sued by EEOC For Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 10/4/2018

Trucking Company Improperly Screened Out Applicants On The Basis of Disability Federal Agency Charges - DENVER - Trucking firm JBS Carriers, based in Greeley, Colo., violated federal law by using pre-employment screening...more

Asking Employees About Prescription Medicine Use

Holland & Hart - Employers' Lawyers on 8/24/2018

As an employer, you may be tempted to ask your employees what prescription medications they use and whether their prescription drugs could affect their ability to perform their job. After all, you want to identify any...more

EEOC Sues Citgo Petroleum Corporation For Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 8/14/2018

Lemont Refinery Withdrew Job Offer After Discovering Applicant Had Vision Impairment, Federal Agency Charges - CHICAGO -- Citgo Petroleum Corporation violated federal law when it withdrew a job offer from an applicant...more

Amsted Rail to Pay $4.4 Million After Court Ruled It Used Discriminatory Hiring Practices

U.S. Equal Employment Opportunity Commission... on 6/13/2018

Denying Employment Based on Carpal Tunnel Screening Was Unlawful, Court Ruled - ST. LOUIS - Amsted Rail Co., Inc., a leading manufacturer of steel castings for the rail industry, will pay $4.4 million and furnish other...more

All Star Priority Staffing Sued by EEOC For Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 9/19/2017

Phoenix Staffing Agency Subjected Applicants to Invasive Pre-Offer Medical Questionnaire And Screened Applicants on the Basis of Their Responses, Federal Agency Charges - PHOENIX - All Star Priority Staffing, LLC, a...more

A Surprising Holding by the Tennessee Supreme Court Regarding Workers' Compensation Retaliation Claims

Miller & Martin PLLC on 8/25/2015

On Friday, the Tennessee Supreme Court held in Yardley v. Hospital Housekeeping Systems that applicants are not eligible as a matter of law to assert "failure to hire" claims based on even the admitted fact that the reason...more

EEOC Issues Proposed Wellness Regulations: Time for Another Check-Up

Davis Wright Tremaine LLP on 4/21/2015

The Equal Employment Opportunity Commission (EEOC) has finally issued proposed regulations under the Americans with Disabilities Act (ADA) regarding wellness programs. The proposed regulations amend existing regulations and...more

Get Healthy (Or Else?): The EEOC Proposes New Rules to Define When Participation in an Employer Wellness Program Is “Voluntary”

Patterson Belknap Webb & Tyler LLP on 4/21/2015

Under Title I of the Americans with Disabilities Act (“ADA”), employers aren’t allowed to discriminate against workers based on health status. Under the ADA, employers can, however, ask workers for details about their health...more

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Hiring & Firing › Americans with Disabilities Act (ADA) › Pre-Employment Health Screenings

The EEOC Continues to Update Guidance on Returning to Work Pandemic-Prepared

Federal Agency Sues Hospital Over Late Career Practitioner Policy

HR Quick Takes: Pre-Employment Physical

HR Quick Takes: Employee Vaccination Inquiry

ADA Not Violated By Refusal To Hire Due To Risk Of Future Disability

Seventh Circuit Rules the ADA Does Not Protect Future Disabilities

Reliable Staffing to Pay $25,000 and Change Hiring Policy to Resolve EEOC Discrimination Finding

EEOC Sues Walmart for Discriminatory Hiring Practices at Oklahoma Distribution Center

Obesity Is A Disability, Washington Supreme Court Rules

EEOC Sues Rogers Behavioral Health for Disability Discrimination

Bashful Bladders Bring Problems for Employers

No Vaccine? No Job! Court Affirms Employer’s Ability to Condition Employment Upon Vaccinations

EEOC Sues Appalachian Wood Products, Inc. For Disability Discrimination

JBS Carriers Sued by EEOC For Disability Discrimination

Asking Employees About Prescription Medicine Use

EEOC Sues Citgo Petroleum Corporation For Disability Discrimination

Amsted Rail to Pay $4.4 Million After Court Ruled It Used Discriminatory Hiring Practices

All Star Priority Staffing Sued by EEOC For Disability Discrimination

A Surprising Holding by the Tennessee Supreme Court Regarding Workers' Compensation Retaliation Claims

EEOC Issues Proposed Wellness Regulations: Time for Another Check-Up

Get Healthy (Or Else?): The EEOC Proposes New Rules to Define When Participation in an Employer Wellness Program Is “Voluntary”

EEOC Issues Proposed Rule on Wellness Programs and the ADA

Will EEOC’s New Wellness Regs Make You Sick?

Despite settlement, EEOC continues and expands discrimination investigation

Seed and Fertilizer Providers to Pay $187,500 for Genetic Information and Disability Discrimination

Hiring & Firing › Americans with Disabilities Act (ADA) › Pre-Employment Health Screenings

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