News & Analysis as of

Reasonable Accommodation Equal Employment Opportunity Commission Hiring & Firing

Seventh Circuit Rejects EEOC Position Holding That a "Long-Term Leave of Absence" is Not a Reasonable Accommodation

by Clark Hill PLC on

On September 20, 2017, the Seventh Circuit held a "long-term leave of absence," in addition to 12 weeks of Family Medical Leave Act (FMLA) leave, is not a reasonable accommodation under the Americans with Disabilities Act...more

Dash Dream Plant to Pay $110,000 to Settle EEOC Pregnancy Lawsuit

Don't Get Pregnant or You're Fired, Orchid Grower Told Employees, Federal Agency Charged - FRESNO, Calif. - A Merced County orchid grower will pay $110,000 and provide other relief to settle a pregnancy discrimination...more

Jones Lang LaSalle Americas Sued by EEOC for Disability Discrimination

Commercial Real Estate Firm Rescinded Job Offer After Applicant Disclosed Her PTSD and Requested an Accommodation, Federal Agency Charges - ATLANTA - The Atlanta office of a commercial real estate and investment...more

Seventh Circuit Puts the Brakes on Never-ending Leave Under the ADA

by Foley & Lardner LLP on

Employers everywhere have been repeatedly warned not to automatically terminate employees who have exhausted their Family and Medical Leave Act (FMLA) leave. Instead, employers should first consider whether the employee might...more

Seventh Circuit Holds That Extension of A Medical Leave Is Not A Reasonable Accommodation

On September 20, 2017, the Seventh Circuit held that an extension of a medical leave more than a few days beyond the 12 weeks provided by the Family and Medical Leave Act (“FMLA”) is not a reasonable accommodation under the...more

The ADA: Four Issues To Watch In 2018

Last month, I had the pleasure of speaking to the Federal Bar Association about hot topics under the Americans with Disabilities Act with my blogging buddy Bill Goren, proprietor of the Understanding the ADA blog. If you...more

Make Sure You’re On Target When Using Direct Threat Defense

by Fisher Phillips on

An employer’s personnel decisions do not always have to be “correct” in order to avoid liability under most federal and state anti-discrimination laws. If you decide to terminate an employee for engaging in workplace...more

Kessinger Hunter Management Sued By EEOC For Disability Discrimination

Kansas City Property Management Company Refused to Grant an Employee's Request for a One-Week Extension of Medical Leave to Recuperate From Surgery - ST. LOUIS - Kessinger Hunter Management (KHM), a national commercial...more

EEOC Sues Home Depot For Disability Discrimination

Peru, Ill., Store Fired Employee Because of Her Irritable Bowel Syndrome and Fibromyalgia in Violation of ADA, Federal Agency Charges - CHICAGO - Home Depot failed to accommodate and then fired an employee who had a...more

EEOC Sues San Diego Company Insideup for Disability Discrimination

Employee with COPD, Emphysema and Asthma Denied Accommodation, Federal Agency Charged - SAN DIEGO, Calif. - InsideUp, Inc., a San Diego-based company, violated federal law when its managers refused to provide an...more

The ADA is not an Extended Medical Leave Statute, Says the Seventh Circuit

by Benesch on

On September 20, 2017, the Seventh Circuit drew a clear line in what has been an ambiguous area: a “multi-month” leave is not a “reasonable accommodation” under the ADA. In the Seventh Circuit at least, employers are no...more

How Long is Too Long?? Seventh Circuit Sheds Light on Leave as Reasonable Accommodation

by Baker Donelson on

On September 20, 2017, the U.S. Court of Appeals for the Seventh Circuit issued an opinion addressing the most difficult question employers encounter when faced with a request for leave as an accommodation for a disability –...more

Seventh Circuit Rebukes EEOC—Extended Leave Is Not a Reasonable Accommodation under the ADA

by Blank Rome LLP on

In a victory for employers in Illinois, Indiana, and Wisconsin, the Seventh Circuit ruled recently that the Americans with Disabilities Act (“ADA”) does not require employers to give workers extended additional leave after...more

Allsup’s Settles EEOC Pregnancy and Disability Discrimination Lawsuit For $950,000

Convenience Stores Systematically Discriminated Against Pregnant Workers and Refused to Accommodate Their Pregnancy-Related Disabilities, Federal Agency Charged - ALBUQUERQUE, N.M. - Allsup's Convenience Stores, Inc.,...more

Seventh Circuit Says Extended Post-FMLA Medical Leave Not Required Under ADA

Perhaps the most frequent question we receive with regard to employee medical leave involves the following scenario: An employee requests and is provided family and medical leave. Upon the expiration of the 12-week FMLA...more

PPG Industries To Pay $45,250 To Settle EEOC Disability Discrimination Suit

Global Paint Supplier Fired Employee Who Had a Seizure, Federal Agency Charged - DETROIT - PPG Industries, Inc., a Pittsburgh-based paint manufacturing company, has agreed to pay $45,250 to settle a federal disability...more

Whole Foods Market Sued by EEOC for Disability Discrimination

Grocery Store Fired Employee for Missing Work Due to Kidney Impairment, Federal Agency Charges RALEIGH, N.C. - "America's Healthiest Grocery Store," Whole Foods Market Group, Inc. dba Whole Foods Market, headquartered in...more

Lengthy Leave of Absence Loses Reasonable Accommodation Status Under the ADA

As employers throughout the country know, what constitutes a reasonable accommodation under the Americans with Disabilities Act (“ADA”) can be a difficult and very fact-specific inquiry. Frequently, employers are faced with...more

EEOC Sues Publix Super Markets For Religious Discrimination

Company Refused to Provide a Reasonable Accommodation for Rastafarian Employee's Dreadlocks, Federal Agency Charges - NASHVILLE, Tenn. - Florida-based grocer Publix Super Markets, Inc. violated federal law by refusing to...more

EEOC Sues Blue Cross/Blue Shield of Texas for Disability Discrimination

Health Care Company Refused to Hire Hearing-Impaired Applicant Because of Her Disability, Federal Agency Charges - DALLAS - BlueCross/Blue Shield of Texas, a Dallas health care company, violated federal law by failing to...more

EEOC Sues Walmart for Disability Discrimination

Retail Giant Suspended and Failed to Accommodate Longtime Deaf Employee With Visual Impairment, Federal Agency Charges - MADISON, Wis. - Wal-Mart violated federal law when it failed to accommodate a longtime employee...more

Wencor Group Sued By EEOC for Pregnancy Discrimination

Aviation Products Manufacturer Violated Federal Law by Firing Expectant Mother, Federal Agency Charges - ATLANTA - Wencor Group, LLC, a manufacturer and supplier of aviation parts based in Peachtree City, Ga., violated...more

EEOC Sues St. Vincent Hospital for Disability Discrimination

Hospital Refused to Accommodate and Then Fired Employee Because of Her Lifting Restrictions, Federal Agency Charges - INDIANAPOLIS - St. Vincent Hospital violated federal law when it failed to transfer an employee to a...more

Seventh Circuit Holds That Multiple-Month Extended Leaves Are Not Reasonable Accommodations Under The ADA

by SmithAmundsen LLC on

Because not all recoveries from medical conditions come in neat twelve-week packages, employers commonly need to address employees’ requests for additional leave after they have exhausted all leave afforded under the Family...more

EEOC Sues Trinity Health for Pregnancy Discrimination

Medical Provider Refused to Keep Pregnant Worker on the Job Working Light Duty and Instead Fired Her, Federal Agency Charges - MINNEAPOLIS - Trinity Health, an integrated healthcare provider with 2,500 employees...more

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