News & Analysis as of

Hostile Environment Disability Discrimination

U.S. Equal Employment Opportunity Commission...

Weis Markets to Pay $75,000 in EEOC Sexual Harassment, Disability Discrimination Suit

Federal Agency Charged Grocery Store Chain Subjected Employee to Sexual Harassment and Fired Her When She Refused to Undergo Unlawful Medical Examination - HARRISBURG, Pa. – Weis Markets, Inc., will pay $75,000 and furnish...more

U.S. Equal Employment Opportunity Commission...

Title Loan Companies to Pay $60,000 to Settle EEOC Racial Harassment and Disability Discrimination Suit

Settles Federal Charges Employee Was Subjected to N-Word, Did Not Accommodate Her Disability, and Then Fired Her - GREENVILLE, S.C. – Georgia-based Community Loans of America, Inc. and its subsidiary, Carolina Title Loans,...more

BCLP

UK HR Two Minute Monthly: September 2023

BCLP on

Our September update includes cases on whether a transgender employee was discriminated against for being subject to a “gender specific” insult, the extent to which employers should enquire about employees’ disabilities in...more

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

‘POWR’ Play: Colorado Law Tips the Scale in Favor of Employees Regarding Employment Claims, Nondisclosure Agreements

On June 7, 2023, Governor Jared Polis signed Senate Bill (SB) 23-172 into law, radically transforming Colorado’s employment discrimination legal landscape by expanding the Colorado Anti-Discrimination Act (CADA)....more

Bodman

Sixth Circuit Clarifies an Employee’s Duty to Disclose a Disability and Request an Accommodation

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A recent opinion by the Sixth Circuit Court of Appeals (“Sixth Circuit” or “Court”), Hrdlicka v. General Motors (March 23, 2023), confirmed that an employee must sufficiently alert their employer of the need for a reasonable...more

U.S. Equal Employment Opportunity Commission...

Rover’s Place to Pay $60,000 to Settle EEOC Disability Case

Dog Kennel Company Subjected a Recovering Opioid Addict to Hostile Work Environment, Federal Agency Charged - CHICAGO – A dog kennel company in suburban Chicago, Rover’s Place, will pay $60,000 and furnish other relief to...more

Genova Burns LLC

Is There a Problem Officer?: NJ Appellate Division Affirms Dismissal of Retired Police Officer’s Disability Lawsuit

Genova Burns LLC on

On May 23, 2022, the New Jersey Appellate Division upheld a trial court’s dismissal of failure to promote, hostile work environment, and retaliation claims brought by a retired New Jersey State Police Trooper. In Stonnell v....more

Fisher Phillips

Will Justice Ketanji Brown Jackson Treat Employers Well? The Magic 8-Ball Says: “Signs Point to Yes”

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When President Biden announced on Friday that Judge Ketanji Brown Jackson would be nominated to replace the retiring Justice Stephen Breyer on the Supreme Court, history was made. Not only could she be the first Black woman...more

Proskauer - California Employment Law

California Employment Law Notes - January 2022

Manicurist Can Proceed With Hostile Work Environment Claim - Fried v. Wynn Las Vegas, 18 F.4th 643 (9th Cir. 2021) - Vincent Fried, a manicurist at a salon in the Wynn Hotel in Las Vegas, was sexually propositioned by a...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Rover’s Place for Harassing an Opioid Addict in Recovery

Dog Kennel Company Subjected a Recovering Opioid Addict to Hostile Work Environment, Federal Agency Charges CHICAGO – A dog kennel company in suburban Chicago, Rover’s Place, violated civil rights law when it subjected an...more

Genova Burns LLC

Cause & Effect: NJ Appellate Division Rules Correlation Does Not Imply Causation in Disability Discrimination Suit

Genova Burns LLC on

On March 4, 2021, the New Jersey Appellate Division in Kalim v. Urban Outfitters, Inc. affirmed the trial court’s dismissal of a former employee’s wrongful termination, hostile work environment, and retaliation claims under...more

Jackson Lewis P.C.

Ohio’s Employment Law Uniformity Act: New Prerequisites And Defenses For Discrimination Claims

Jackson Lewis P.C. on

Ohio employment discrimination claims filed on or after April 15, 2021, will be subject to certain prerequisites under the newly enacted Employment Law Uniformity Act (ELUA). The ELUA updates the state’s...more

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

Massachusetts Federal Court Preliminarily Requires Employer to Allow Employee’s Teleworking

On September 16, 2020, in Peeples v. Clinical Support Options, Inc., No. 3:20-cv-30144, a federal district court in Massachusetts took the unusual step of precluding an employer from discharging an employee who claimed an...more

Downs Rachlin Martin PLLC

Labor & Employment Law: Vermont and Federal Legislative Update

Downs Rachlin Martin labor and employment attorneys Amy Resnick and Andrea Wright highlight key Vermont and Federal legislative updates from 2020 that impact HR professionals. They walk through: Vermont minimum wage...more

Rivkin Radler LLP

The Employment Law Reporter

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Federal Court Rejects New York City Police Officer’s Employment Discrimination Action The U.S. District Court for the Southern District of New York has granted summary judgment to the defendants in an employment...more

Seyfarth Shaw LLP

Ask, Or You Shall Not Receive: 5th Circuit Nixes Accommodation Claim for Employee’s Failure to Ask for an Accommodation

Seyfarth Shaw LLP on

Seyfarth Synopsis: Recently, when affirming summary judgment to the employer in a disability discrimination case, the Fifth Circuit Court of Appeals issued two welcome reminders. First, to pursue a disability accommodation,...more

Fox Rothschild LLP

EEOC Releases 2019 Enforcement Data: Retaliation Charges Lead The Way

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The US Equal Employment Opportunity Commission has released its annual enforcement and litigation statistics for fiscal year 2019. For fiscal year 2019, retaliation, disability discrimination, race discrimination, and sex...more

Lewitt Hackman

Unlawful, or Just Mean? California Appellate Court Decides Discrimination Case

Lewitt Hackman on

People with disabilities have legal protections under both federal and state law. California’s Fair Employment and Housing Act (FEHA) prohibits an employer from taking adverse actions against a person because of a person’s...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

Parker Poe Adams & Bernstein LLP

ADA Allows Hostile Environment Harassment Claims

Employees subjected to sexual harassment have long been able to bring legal claims under Title VII alleging creation of a hostile and offensive working environment. Over time, these legal principles extended to other...more

McAfee & Taft

Think twice before you dismiss a cry for help: ADA accommodation request or not?

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You know the scenarios: an employee reports his chair is bothering him; another employee reports the glare of the computer screen is hurting her eyes; and a third employee explains he needs a different office space, better...more

Troutman Pepper

Second Circuit Court of Appeals Recognizes Hostile Work Environment Claim Under the ADA

Troutman Pepper on

Q.  An employee at one of my company’s facilities in New York recently complained to his supervisor that his coworkers made fun of his disability. Can an employee with a disability file a “hostile work environment” claim...more

Jackson Lewis P.C.

Second Circuit: ADA Allows Hostile Work Environment Claims

Jackson Lewis P.C. on

The Second Circuit recently held that the Americans with Disabilities Act (“ADA”) encompasses claims for hostile work environment harassment (“HWE”). Fox v. Costco Wholesale Corporation. While this plaintiff-friendly ruling...more

U.S. Equal Employment Opportunity Commission...

Herbruck Poultry Ranch Sued by EEOC for Disability Harassment

Employer Harassed Line Worker and Then Retaliated Against Her for Complaining, Federal Agency Charges - DETROIT- A Saranac, Mich., egg producer violated federal law by subjecting a worker to a hostile work environment...more

Seyfarth Shaw LLP

Requiring Employees Seeking Reasonable Accommodations to “Feel the Burn” May Violate ADA

Seyfarth Shaw LLP on

Seyfarth Synopsis: The D.C. Circuit recently revived a single-leg amputee’s claim that his former employer failed to accommodate his disability by refusing his request for a classroom aide....more

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