Retail Chain Violated the Americans with Disabilities Act and the Genetic Information Non-Discrimination Act in Hiring Process - BIRMINGHAM, Ala. –Variety store retailer Dolgencorp, LLC, doing business as Dollar General,...more
On August 15, 2022, the New Jersey Appellate Division declined to reinstate a disability bias class action brought by a New Jersey Transit train operator who was required undergo a sleep apnea screening due to the...more
Artificial intelligence (AI) can help streamline business processes making workers more efficient and driving costs down for the consumer. What happens, though, when an employer uses AI in hiring decisions?...more
Employers with fitness-for-duty exam requirements for employees returning from medical leaves should take note of a recent decision by a federal court in Massachusetts. In that case, the Court considered whether requiring...more
I'm not sure the ADA will let you do that. There has been a lot in the news lately about job applicants who include their COVID-19 vaccination status on their resumes, employers who ask applicants for that information, and...more
A federal court in Indiana dismissed the disability discrimination and retaliation claims of a DOT-regulated driver who failed a random drug test due to prescription opioid use, holding that he did not sufficiently adhere to...more
A district court ruled that a long-time railroad trackman, who was pulled from service following safety complaints from his coworkers and supervisors, failed to prove that he was considered disabled under the ADA, and failed...more
School Disadvantaged Older Workers and Those With Disabilities or Who Failed Medical Exams, Federal Agency Charged - INDIANAPOLIS – The School City of Hammond, located in Hammond, Ind., will pay up to $70,000 and furnish...more
Nationwide Company Violated Federal Law When It Conducted Unlawful Medical Exams And Fired a Recovering Opioid Addict, Federal Agency Charges - CHATTANOOGA, Tenn. – Lonza America, Inc., which formerly operated in...more
The hospital did not discriminate against a 73-year-old surgeon on the basis of his age or perceived disability or breach his contract when it required him to undergo neuropsychological and physical exams and have a proctor...more
On September 8, 2020, the EEOC released an updated technical assistance document addressing COVID-19 and the federal anti-discrimination laws enforced by the agency, including the Americans with Disabilities Act (“ADA”). Our...more
We have prepared the following FAQ to guide California employers with respect to their workplace policies and their response to the orders and laws that have been passed at the federal, state and local level to contend with...more
On February 11, 2020, the Equal Employment Opportunity Commission (EEOC) filed a complaint in Connecticut federal court against Yale New Haven Hospital—the teaching hospital associated with Yale Medical School alleging that...more
A teaching hospital in Connecticut affiliated with Yale Medical School is facing age and disability discrimination allegations after imposing mandatory medical testing for doctors 70 and older who seek medical staff...more
Hospital Unlawfully Subjected Only Physicians Over 70 to Neuropsychological and Eye Exams, Federal Agency Charges - NEW HAVEN - Yale New Haven Hospital, the teaching hospital of the Yale School of Medicine, violated...more
On October 29, 2019, a panel of Seventh Circuit Appellate Court Judges held that the Americans with Disabilities Act (ADA) does not cover alleged discrimination based on future impairments. Shell v. Burlington N. Santa Fe Ry....more
In a departure from the federal Americans with Disabilities Act (ADA) and other state anti-discrimination laws, the Washington Supreme Court (7-2) recently ruled that obesity “always” qualifies as an impairment under the...more
On April 4, 2019, the Appellate Division of New Jersey Superior Court reaffirmed that obesity, standing alone, is not a protected characteristic under the New Jersey Law Against Discrimination (LAD), affirming summary...more
When can you send an employee for a medical exam? In EEOC v. McLeod Health, Inc., the Fourth Circuit recently provided some guidance and allowed a plaintiff’s claim for an illegal medical exam to proceed to the jury despite...more
This month’s key employment law cases address pre-employment physicals, appeals from California Labor Commissioner awards, and background checks. EEOC v. BNSF Ry. Co., 902 F.3d 916 (9th Cir. 2018)...more
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
According to the Centers for Disease Control and Prevention (CDC), approximately 40 percent of U.S. adults are obese. The CDC uses the Body Mass Index (BMI) as the benchmark for obesity. BMI is a calculation based on height,...more
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
Tacoma Dealership Fired Salesman Diagnosed with Brain Tumor - SEATTLE -Titus-Will Ford, a Tacoma car dealership, violated federal law when it fired an employee immediately after he was diagnosed with a brain tumor, the...more
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