News & Analysis as of July 15, 2025

Disability Discrimination

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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 -

Fourth Circuit Rules for Employer When Employee Failed to Participate in Interactive Process

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/7/2025

In a recent decision, the Fourth Circuit Court of Appeals highlighted the requirement that employees requesting an accommodation under the Americans with Disabilities Act (ADA) must engage in the interactive process with...more

Legally Blind Teaching Applicant Deemed not Qualified Under the ADA: 3 Lessons for Schools

Fisher Phillips on 10/22/2024

A school district in Texas recently prevailed in a failure-to-hire lawsuit when the court ruled that a legally blind applicant for a teaching position could not demonstrate that she’d have been able to manage student...more

Tenth Circuit Highlights Limits on Employers Defining Essential Functions of a Position

Seyfarth Shaw LLP on 12/19/2023

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

The 9 Things Colorado Employers Should Do After Lawmakers Pass Batch of New Workplace Laws

Fisher Phillips on 6/22/2023

The Colorado legislature has been busy this season passing new employment laws, adding to your compliance obligations in a big way. We reviewed the key workplace laws that Colorado Governor Jared Polis signed into effect and...more

Massachusetts Employer Forced to Pay $24 Million for Failing to Accommodate an Executive’s Anxiety

Partridge Snow & Hahn LLP on 6/2/2023

Mental health issues in the workplace are at an all-time high. And with those issues come a slew of accommodation requests ranging from continued work from home to removal of stressful job duties to not appearing on camera...more

4-Point Plan To Avoid Costly Workplace Mistakes

Fisher Phillips on 2/5/2020

When a California Court of Appeal revived a workplace lawsuit alleging state law disability discrimination and retaliation claims that had originally been dismissed by a trial court, it did more than decide that the mistaken...more

Colorado Excavating to Pay $42,500 to Settle EEOC Disability Discrimination Suit

U.S. Equal Employment Opportunity Commission... on 11/27/2019

Company Fired Employee After Seizure, Federal Agency Charged - DENVER - Gollnick Construction, Inc., which does business as Colorado Excavating, will pay $42,500 and furnish other relief to settle a disability...more

Key California Employment Law Cases: June 2019

Payne & Fears on 8/29/2019

This month's key California employment law cases involve EEOC charges, disability discrimination, and meal breaks....more

ADA Litigation Lessons Surfaced From a Zamboni Machine

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/5/2019

Employers, you see this movie all too often. You tolerate, and then ultimately discharge, a poor-performing employee who displays a bad attitude. Unfortunately, supervisors have not documented the employee’s prior instances...more

Wilmington Trust Corporation to Pay $700,000 to Settle EEOC Disability Discrimination Suit

U.S. Equal Employment Opportunity Commission... on 12/20/2018

Predecessor Hudson City Savings Bank Denied Disability Accommodations to Employees, Federal Agency Charged - NEW YORK - Wilmington Trust Corporation, a Delaware corporation and wholly owned subsidiary of M&T Bank...more

Sixth Circuit Upholds EEOC Victory in ADA Suit

Butler Snow LLP on 8/21/2018

In a previous piece, I wrote about a diabetic worker in East Tennessee who won a jury award in an Americans with Disabilities Act (ADA) case against Dollar General. The worker was fired for violating Dollar General’s grazing...more

Nevada Employer Pays $3.5 Million To Settle “100-Percent Healed” Claim

Fisher Phillips on 6/21/2018

Nevada Employer Pays $3.5 Million To Settle “100-Percent Healed” Claim - Slots chain employer Dotty’s recently agreed to pay $3.5 million to settle litigation alleging its “100-percent-healed” policy discriminates against...more

EEOC Sues Merritt Hospitality, HEI Hotels And Resorts LLC For Disability Discrimination

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

Company Failed to Provide Ventilated Space for Employee With Asthma, Federal Agency Charges - SAN DIEGO - Merritt Hospitality, LLC and HEI Hotels and Resorts LLC, who together operate the Embassy Suites San Diego Bay, a...more

2 Essentials For Dealing With Employees Attempting To Game the System

Fisher Phillips on 8/14/2017

Today’s workplace is fraught with legal traps for well-intentioned but unwary managers. But one issue stands out far above the rest as perhaps the single biggest employee challenge in today’s workplace: malingering employees...more

Zero Tolerance Drug Testing Policies in the Age of Medical Marijuana

Troutman Pepper Locke on 8/10/2017

Q: My Company wants to institute a drug testing policy that would automatically disqualify an applicant for employment if they test positive for illegal drugs, including medically-prescribed marijuana. Is this legal?...more

Medical Marijuana on Campus: Barbuto's Impact on School Policies Banning Drug Use

Holland & Knight LLP on 8/10/2017

The Massachusetts Supreme Judicial Court recently ruled in Barbuto v. Advantage Sales and Marketing, LLC that an employee's use of medical marijuana to treat a qualified disability may be a reasonable accommodation under...more

Check Your Handbooks!!! UPS Settles Maximum Leave Policy Violations for $2 million.

Ruder Ware on 8/10/2017

The EEOC filed suit against UPS on behalf of approximately 90 current and former employees for multiple violations of the Americans with Disabilities Act (ADA). The agency charged UPS with failing to properly accommodate...more

Mass. Court Clouds Marijuana in the Workplace Issues

Foley & Lardner LLP on 8/3/2017

A recent unanimous decision by the highest state court in Massachusetts sends a warning signal to employers in all states. Marijuana in the workplace is a complex and unsettled legal issue that will require all employers to...more

Medical Marijuana in the Workplace: An Employee's Balm; an Employer's Bane

Bowditch & Dewey on 7/22/2017

On July 17th, the Supreme Judicial Court ruled that Massachusetts employers may not terminate an employee merely because of his or her off-site use of medical marijuana. According to the Court, the use of medically-prescribed...more

Massachusetts: Medical Marijuana as a Reasonable Accommodation in the Workplace

Mintz - Employment Viewpoints on 7/21/2017

As our readers know, we have been monitoring decisions regarding the ability of employers to take disciplinary action against employees for using marijuana at work. The most recent high court to weigh in on this topic is the...more

Massachusetts Permits Disability Discrimination Claims Based on Medical Marijuana Use

Proskauer - Law and the Workplace on 7/19/2017

On July 17, 2017, the Massachusetts Supreme Judicial Court ruled in Barbuto v. Advantage Sales & Marketing, LLC, that an employee using medical marijuana in treatment of a chronic illness may qualify for protection against...more

Medical Marijuana Use May Be Reasonable Accommodation Under Massachusetts Law

Holland & Knight LLP on 7/19/2017

In a much-anticipated decision, the Massachusetts Supreme Judicial Court ruled on July 17, 2017, that an employee's use of medical marijuana to treat a qualified disability may be a reasonable accommodation under the...more

Massachusetts Supreme Judicial Court Issues Groundbreaking Decision Allowing Medical Marijuana User to Assert State Law Handicap...

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/19/2017

On July 17, 2017, the Massachusetts Supreme Judicial Court issued a unanimous ruling in Barbuto v. Advantage Sales and Marketing, LLC, allowing medical marijuana users to assert claims for handicap discrimination under the...more

Employee Absenteeism Due to Disability: What are Reasonable Accommodations?

Ruder Ware on 3/3/2017

One of the most troubling issues faced by human resource professionals is how to address an employee with a disability that impacts their ability to report for work. A good example is an employee who suffers from episodes of...more

Court Labels Employer Post-Offer Medical Examination “Textbook Case” of ADA Regarded As Liability

Jackson Lewis P.C. on 3/1/2017

When used lawfully, post-offer, pre-employment medical examinations can be a powerful tool. But a recent federal district court case demonstrates the importance of carefully implementing such programs...more

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