News & Analysis as of

Reasonable Accommodation Americans with Disabilities Act (ADA) Retaliation

Seward & Kissel LLP

Employment Litigation Roundup: April 2025

Seward & Kissel LLP on

Second Circuit holds employees get disability accommodations even if not necessary to perform their job - In Tudor v. Whitehall Central School District, the Second Circuit Court of Appeals vacated a lower court’s grant of...more

Littler

Littler Lightbulb – March 2025 Employment Appellate Roundup

Littler on

Fourth Circuit Stays Injunction Barring Enforcement of DEI Executive Orders On March 14, 2025, the Fourth Circuit issued an order in National Association of Diversity Officers in Higher Education v. Donald Trump, No. 25-1189...more

Holland & Hart - Employers' Lawyers

Disability-Related Remote Work Accommodation Requests: First COVID, then the Deluge

Many employers instituted work from home policies during the pandemic that they are now fine-tuning or rethinking. While telework technology advances and return to onsite work initiatives unfold, employers must navigate...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Elon Property Management for Disability Discrimination in Florida

Federal Agency Charges Property Management Company Retaliated Against Worker with Disability and Screens Out Class of Disabled Employees - TAMPA, Fla. – Elon Property Management LLC (Elon), a property management company...more

Holland & Hart - Employers' Lawyers

Lessons for Employers: Navigating Return-to-Office Policies and ADA Recordkeeping Compliance

Fresh off the press, the Equal Employment Opportunity Commission (“EEOC”) has issued an important finding this week highlighting key compliance pitfalls for employers under the Americans with Disabilities Act (“ADA”)....more

U.S. Equal Employment Opportunity Commission...

VibraLife of Katy to Pay $80,000 in EEOC Disability Discrimination Lawsuit

HOUSTON – VibraLife of Katy, LLC, a rehabilitation and assisted living facility in Katy, Texas, will pay $80,000 and furnish other relief to settle a U.S. Equal Employment Opportunity Commission (EEOC) disability...more

Holland & Hart - Employers' Lawyers

EEOC Steps Up Enforcement for Pregnant Workers: What Businesses Need to Know About the Pregnant Workers Fairness Act

The Equal Employment Opportunity Commission (EEOC), the federal agency tasked with enforcing anti-discrimination laws, has been increasingly active in addressing compliance with regulations affecting pregnant workers. This...more

Constangy, Brooks, Smith & Prophete, LLP

FMLA leave: 5 things this employer (allegedly) did wrong

Don't be this employer. (Allegedly.) Not long ago, I posted about an employer who won summary judgment in an FMLA case and noted five things that the employer did right, which helped it win. Sad to say, a decision came out...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues GBMC Healthcare & Greater Baltimore Medical Center for Disability Discrimination

Federal Suit Says GBMC Hospital Discriminated and Retaliated Against Registered Nurse Because of Disability - BALTIMORE – GBMC Hospital violated federal law when it discriminated against a deaf employee because of...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Osmose Utilities Services for Disability Discrimination and Retaliation

Federal Agency Charges Utility Service Provider Failed to Provide Reasonable Accommodation and Fired Employee Because of Her Disability - ATLANTA – Osmose Utilities Services, Inc., a provider of services and products to...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues VibraLife of Katy for Disability Discrimination

Federal Agency Charges Rehabilitation and Assisted Living Facility Fired Nurse With Sleep Disorder - HOUSTON – VibraLife of Katy, LLC, a rehabilitation and assisted living facility in Katy, Texas, violated federal law when...more

U.S. Equal Employment Opportunity Commission...

Walmart Agrees to Pay $75,000 in EEOC Disability Discrimination Suit

Settles Federal Charges Distribution Center Refused to Allow Disabled Employee to Work and Retaliated Against Her for Complaining - RALEIGH, N.C. – Wal-Mart Stores East, LP will pay $75,000 and furnish other relief to...more

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

Husch Blackwell LLP

8th Circuit Decision Roundup – June 2024

Husch Blackwell LLP on

The Eighth Circuit Court of Appeals has issued several significant decisions that employers doing business in Minnesota should be aware of. Here are a few highlights of recent Eight Circuit Decisions that have addressed...more

U.S. Equal Employment Opportunity Commission...

Res-Care / Equus to Pay $125,000 in EEOC High-Risk Pregnancy and Disability Discrimination Case

Settles Federal Charges Workforce Services Provider in Southern New Mexico Failed to Grant Medical Leave and Fired Employee - SOCORRO, N.M. – Res-Care and Equus Workforce Solutions (jointly referred to as Res-Care/Equus),...more

U.S. Equal Employment Opportunity Commission...

Tractor Supply Company to Pay $75,000 to Settle EEOC Disability Discrimination and Retaliation Lawsuit

Federal Agency Charged Company Disclosed Employee’s Confidential Medical Information and Fired Her for Complaining - JACKSON, Miss. – Headquartered in Tennessee, Tractor Supply Company, the nation’s largest rural lifestyle...more

U.S. Equal Employment Opportunity Commission...

Downtown Grand Hotel & Casino to Pay $720,000 in EEOC Disability Discrimination and Retaliation Lawsuit

Casino Resort Settles Charges That It Failed to Provide Reasonable Accommodations to Employees With Disabilities - LAS VEGAS – DTG Las Vegas, LLC; Fifth Street Gaming, LLC; and DTG Las Vegas Manager, LLC, which operate the...more

Parker Poe Adams & Bernstein LLP

Admission That Business Unit Was Closed Due to Employee's Disability Precludes Dismissal of ADA Claim

When advising employers about the legal risks associated with a business reorganization, we generally advise that discrimination claims are less likely when a company closes an entire facility or department as compared to...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Upholds Employer's Denial of Remote Work During Pandemic

During the COVID-19 pandemic and afterwards, employers have faced a growing number of requests for remote work arrangements based on a medical disability. The Americans with Disabilities Act requires employers to grant...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Atlantic Properties Management Corporation and Diversified Funding for Disability Discrimination and Retaliation

Federal Agency Charges Property Management Companies With Revoking Job Offer From Woman With Breast Cancer - BOSTON – Atlantic Properties Management Corporation and its affiliate, Diversified Funding, Inc., property...more

Goldberg Segalla

Employee Protection Limited for ADA and FMLA Discrimination and Retaliation Claims

Goldberg Segalla on

Key Takeaways - Resolved medical conditions and COVID-19 symptoms — aside from “Long COVID” — may not be considered “disabilities” under the ADA. A seven-week period between employee engagement in protected activity and an...more

U.S. Equal Employment Opportunity Commission...

Papa John’s Pizza to Pay $175,000 to Settle Disability Discrimination Lawsuit

Settles Federal Agency Charges Pizza Chain Failed to Accommodate and Fired Blind Employee Because of Disability - ATLANTA – Papa John’s Pizza, an international chain of pizza restaurants based in Louisville, Kentucky, will...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - November 2023

...NLRB Issues Final Rule on ‘Joint Employer’ Standard On - October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule titled “Standard for Determining Joint Employer Status,” which rescinds and...more

Fisher Phillips

4 Supreme Court Cases Employers Should Be Tracking as New Term Kicks Off

Fisher Phillips on

The Supreme Court just began a new term, and we’re watching several cases that will likely have a big impact on the workplace. Specifically, the Court will weigh in on whether someone can “test” violations of federal...more

U.S. Equal Employment Opportunity Commission...

PNM Reaches $750,000 Settlement with EEOC in ADA Disability and Retaliation Case

Settles Federal Charges PNM’s Policies and Practices Discriminated Against Its Employees With Disabilities - ALBUQUERQUE, N.M. – Public Service Company of New Mexico and PNMR Services Co. will pay $750,000 to settle an...more

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