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Job Applicants Americans with Disabilities Act (ADA) Employment Litigation

Seyfarth Shaw LLP

Pennsylvania Medical Marijuana Card-Holder Survives Employer’s Motion to Dismiss

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A recent opinion from the Eastern District of Pennsylvania serves a win to a medical marijuana card-holder who brought claims against an employer under the Americans with Disabilities Act (“ADA”), the Pennsylvania Medical...more

Proskauer - Law and the Workplace

Another Legal Challenge to an AI Interviewing Tool

In the latest lawsuit of its kind, the American Civil Liberties Union recently filed a complaint with the Colorado Civil Rights Division and the Equal Employment Opportunity Commission (“EEOC”) alleging an AI interviewing...more

Proskauer - Law and the Workplace

[Podcast] AI at Work: Design Use Mismatches

In the final installment of our AI at Work series, partner Guy Brenner and senior counsel Jonathan Slowik tackle a critical issue: mismatches between how artificial intelligence (or AI) tools are designed and how they are...more

Fisher Phillips

AI Screening Systems Face Fresh Scrutiny: 6 Key Takeaways From Claims Filed Against Hiring Technology Company

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A Deaf, Indigenous woman claims an employer’s use of a popular automated video interview platform unfairly blocked her promotion due to AI-driven biases related to her disability and race. The ACLU filed charges on March 19...more

Fisher Phillips

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

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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

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Fisher Phillips

AI Workplace Screener Faces Bias Lawsuit: 5 Lessons for Employers and 5 Lessons for AI Developers

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A California federal court just allowed a frustrated job applicant to proceed with an employment discrimination lawsuit against an AI-based vendor after more than 100 employers that use the vendor’s screening tools rejected...more

Woods Rogers

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 27th, Roanoke, VA

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Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

Woods Rogers

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 26th, Charlottesville, VA

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Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

Woods Rogers

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 25th, Lynchburg, VA

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Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

Woods Rogers

[Hybrid Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 19th, Richmond, VA

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Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

Woods Rogers

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 18th, Norfolk, VA

Woods Rogers on

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

Epstein Becker & Green

#WorkforceWednesday: EEOC COVID-19 Charges Surge, NYC’s Pay Transparency Law, SCOTUS Considers PAGA - Employment Law This Week®

This week, we look at compliance and enforcement developments at the federal level and in the specific jurisdictions of New York City and California. EEOC Reports Surge of COVID-19-Related Charges On the heels of the Equal...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Backs Detailed Medical Inquiry for Safety-Sensitive Job

The Americans with Disabilities Act prohibits employers from asking questions about an employee’s medical condition absent “business necessity.” What exactly constitutes business necessity has been the subject of litigation...more

Fisher Phillips

Improper Job Application Questions Put Florida Employer in Jeopardy of Losing Workplace Disability Claim

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A Florida federal court just denied an employer’s effort to dismiss a disability discrimination claim filed by a legally blind applicant who alleges the employer asked improper pre-offer questions on its standard job...more

Fisher Phillips

July 2021: The Top 14 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Proskauer - California Employment Law

After-Acquired Evidence Was Properly Used To Defeat ADA Claim

Anthony v. TRAX Int’l Corp., 955 F.3d 1123 (9th Cir. 2020) - After Sunny Anthony filed suit, alleging she was terminated because of her disability, the employer (TRAX) learned that contrary to her representation on her...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Blue Sky Vision for Disability Discrimination

Employer's Unlawful Inquiry and Termination of Employee Violated the ADA, Federal Agency Says - DETROIT -- Blue Sky Vision, L.L.C., a Delaware-based management services organ­ization that provides support to eye care...more

U.S. Equal Employment Opportunity Commission...

Steel Painters Settles EEOC Disability Discrimination Suit

Industrial Painting Company Unlawfully Fired Worker Because of His Medically Prescribed Methadone, Federal Agency Charged - HOUSTON - Steel Painters, LLC, an industrial sandblasting and painting services company based in...more

U.S. Equal Employment Opportunity Commission...

M&M Limousine to Pay $30,000 to Settle EEOC Disability Lawsuit

Des Plaines Limousine Service Refused to Hire Applicant Because He Is Deaf, Federal Agency Charged - CHICAGO - Des Plaines, Ill.-based M&M Limousine Service will pay a deaf job applicant $30,000 to settle a disability...more

Parker Poe Adams & Bernstein LLP

Asking Employee to Pay for MRI as a Hiring Condition Violated ADA

The Americans with Disabilities Act sets forth the conditions under which employers can require medical examinations as a condition of hire. Last month, the Ninth Circuit Court of Appeals held that an employer violated the...more

Seyfarth Shaw LLP

EEOC Scrutinizes Employer Policies Regarding Prescription Drug Use

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The Equal Employment Opportunity Commission recently settled lawsuits with two employers it claims violated the Americans with Disabilities Act after rejecting a job applicant and terminating an employee based on their...more

Seyfarth Shaw LLP

Ouch: EEOC Gets Summary Judgment Win Relative To Employer’s Medical Testing

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Seyfarth Synopsis: In an ADA action alleging that a maker of train components discriminated against a group of applicants by regarding them as disabled, a federal district court in Illinois granted the EEOC’s partial motion...more

U.S. Equal Employment Opportunity Commission...

Dollar General Sued by EEOC For Disability Discrimination and Retaliation

Portal, Ga., Store Manager Refused to Interview Applicant After Seeing Her Arm in a Sling, Federal Agency Charges - ATLANTA - The owner-operator of a Georgia Dollar General store violated federal law by discriminating...more

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