News & Analysis as of

Medical Leave Hiring & Firing Disability Discrimination

U.S. Equal Employment Opportunity Commission...

Didlake, Inc. Pays More Than $1 Million in EEOC Disability Discrimination and Retaliation Lawsuit

Nonprofit Denied Accommodations to Deaf and Hard-of-Hearing Employees and Fired Employees Who Requested Medical Leave, Federal Agency Charged - WASHINGTON – Didlake, Inc., a government contractor that provides janitorial...more

Manatt, Phelps & Phillips, LLP

First, Sixth Circuits Affirm Dismissal of ADA Claims

Considering the termination of a high school teacher who underwent hip surgery and the refusal of a hospital to allow a nursing student’s service dog, the U.S. Court of Appeals, First and Sixth Circuits, both affirmed...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Keystone RV for Disability Discrimination

RV Manufacturer Refused to Grant Less Than a Week of Unpaid Leave to Disabled Employee And Terminated Him Instead, Federal Agency Charges - INDIANAPOLIS – The U.S. Equal Employment Opportunity Commission (EEOC) announced...more

Stoel Rives - World of Employment

Ninth Circuit Rules That a Temporary Impairment Can Qualify as a “Disability” Under the ADA

The U.S. Court of Appeals for the Ninth Circuit, the federal appellate court with jurisdiction over much of the western United States (including Washington, Oregon, California and Idaho), ruled last week that an employee’s...more

U.S. Equal Employment Opportunity Commission...

S&C Electric Company to Pay $315,000 to Settle EEOC Disability Discrimination Lawsuit

Chicago Company Refused to Permit a Qualified Employee With A Disability to Return to His Position Following Medical Leave, Federal Agency Charged - CHICAGO – S&C Electric Company, a designer and manufacturer of switching...more

U.S. Equal Employment Opportunity Commission...

Vantage Oil & Gas Exploration Companies Settle EEOC Disability Claim

Companies Fired Employee Following His Heart Attack and While Out on Short-Term Disability Leave, Federal Agency Charged - HOUSTON – Two oil and gas explor­ation companies -- Vantage Energy Services, Inc. and Vantage...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Ranew’s Management Company for Disability Discrimination

Fabrication, Coating, and Assembly Company Terminated Employee Because of His Depression, Federal Agency Charges - ATLANTA – Headquartered in Milner, Georgia, Ranew’s Management Company, Inc., local, state, and national...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Stevens Transport for Disability Discrimination

Trucking Company Refused to Hire Applicant After Learning He Had Taken Medical Leave at a Previous Job, Federal Agency Charges - DALLAS – A refrigerated transport carrier that services major companies in need of...more

Fisher Phillips

What New York City Employers Need to Know About The First Court Rulings in Early COVID 19 Related Workplace Litigation

Fisher Phillips on

Of the more than 2,300 COVID-19-related employment lawsuits we have been tracking, many have at least one thing in common: they relate to employees who had (or suspect they had) the virus in late 2019 or early 2020 – before,...more

Poyner Spruill LLP

Keep in Touch: Fourth Circuit Issues Reminder of The Importance of Communicating With Employees on Leave

Poyner Spruill LLP on

Last week, the United States Court of Appeals for the Fourth Circuit—the court that decides federal appeals from South Carolina, North Carolina, Virginia, West Virginia, and Maryland—issued an unpublished opinion that serves...more

Weintraub Tobin

Inoculating Against The Coming Spread Of Employee Lawsuits Related To COVID-19

Weintraub Tobin on

As workplaces begin reopening in the coming weeks, attorneys are predicting a rash of lawsuits by employees against their employers related to the COVID-19 pandemic. It seems clear that workers-compensation preemption may...more

Fisher Phillips

4-Point Plan To Avoid Costly Workplace Mistakes

Fisher Phillips on

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

Proskauer - California Employment Law

Employer That “Mistakenly” Terminated Employee On Disability Leave May Be Liable For Discrimination

Glynn v. Superior Court, 42 Cal. App. 5th 47 (2019) - John Glynn worked as a pharmaceutical sales representative before he commenced a medical leave of absence for a serious eye condition (myopic macular degeneration)....more

Payne & Fears

Key California Employment Law Cases: November 2019

Payne & Fears on

Carroll v. City & Cnty. of S.F., 41 Cal. App. 5th 805, 254 Cal. Rptr. 3d 519 (2019) - Summary:  Each alleged reduction of monthly disability retirement benefit payments for discriminatory reasons was continuing violation...more

Bradley Arant Boult Cummings LLP

“Open” Might Not Mean Open: How FMLA May Affect a Position’s Availability

Does a position that a company is holding for an employee out on FMLA leave an “open position” as contemplated by the Americans with Disabilities Act? In Maxwell v. Washington County, a Mississippi federal district court said...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues T&T Subsea for Disability Discrimination

Company Fired Diver Because He Had Been Treated for Cancer, Federal Agency Charges - HOUSTON - T&T Subsea, LLC, a Galveston marine services company, violated federal law when it fired an employee after he recovered from...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Colorado Excavating for Disability Discrimination

Company Fired Employee After Seizure, Federal Agency Charges - DENVER - Gollnick Construction, Inc., which does business as Colorado Excavating, violated federal law when it fired an employee because she had a seizure,...more

Seyfarth Shaw LLP

Whew! Fifth Circuit Reinforces Importance of Documenting Performance Issues

Seyfarth Shaw LLP on

Seyfarth Synopsis: In affirming summary judgment in favor of the defendant in an Family and Medical Leave Act (FMLA) interference and retaliation case, the Fifth Circuit reinforced the importance of documenting performance...more

U.S. Equal Employment Opportunity Commission...

Illinois Action for Children to Pay $60,000 to Settle EEOC Disability Discrimination Lawsuit

Nonprofit Fired Employee Who Required Extended Leave, Federal Agency Charged - CHICAGO -- Illinois Action for Children (IAFC), a large Illinois child care and childhood education-related nonprofit, has agreed to pay a...more

Genova Burns LLC

Appellate Division Holds Former Employee Should Have the Opportunity to Show Her Employer’s Reason for Firing Her was Mere Pretext

Genova Burns LLC on

In an unpublished opinion, the New Jersey Appellate Division ruled in Caballero v. Cablevision Systems Corp. that a former Cablevision employee is entitled to present her claims of age and disability discrimination to a jury,...more

Proskauer - California Employment Law

California Jury Rejects Employee’s Discrimination Claims Against Chipotle

Proving it still is possible to obtain a favorable jury verdict in California, a federal jury sided with Chipotle Mexican Grill last Wednesday in a case involving disability discrimination claims by former assistant store...more

U.S. Equal Employment Opportunity Commission...

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

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

U.S. Equal Employment Opportunity Commission...

Harborview Senior Care Properties to Pay $21,000 to Settle EEOC Disability Suit

Employee Fired for Exceeding Two-Week Maximum Leave Policy, Federal Agency Charged - RALEIGH, N.C. - Senior Care Properties, Inc., doing business as Harborview Rehabilitation and Healthcare Center, will pay $21,000 and...more

U.S. Equal Employment Opportunity Commission...

Whole Foods Market to Pay $65,000 To Settle EEOC Disability Suit

Employee Fired because of her Disability, Federal Agency Charged - RALEIGH, N.C. - Whole Foods Market Group, Inc., doing business as Whole Foods Market, headquartered in Austin, Texas, will pay $65,000 and provide other...more

Zuckerman Spaeder LLP

Bakery Says Employee’s FMLA Claims Don’t Rise to the Occasion

Zuckerman Spaeder LLP on

Under the Family Medical Leave Act (“FMLA”), employers are required to provide 12 weeks of unpaid leave to employees with certain family or medical issues. These issues include attending to serious health conditions that make...more

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