News & Analysis as of

Reasonable Accommodation Hiring & Firing Disability Discrimination

Pharmacy Chain Not Required To Reasonably Accommodate Needle-Phobic Pharmacist

by Farrell Fritz, P.C. on

Trypanophobia—the fear of needles—played a significant role in a case brought against Rite Aid Pharmacy under the Americans with Disabilities Act (ADA). In Stevens v. Rite Aid Corp., the Second Circuit overturned a jury...more

New Mexico Court Rules Employee Is Entitled To Nationwide Discovery In FMLA Case

by Jackson Lewis P.C. on

On October 10, 2017, Judge Ritter issued the Memorandum Opinion and Order which granted a former employee’s Motion to Compel and held that the former employee was entitled to information from the company’s nationwide offices...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Commercial Real Estate Firm Rescinded Job Offer After Applicant Disclosed Her PTSD and Requested an Accommodation, Federal Agency Charges - ATLANTA - The Atlanta office of a commercial real estate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 Court of Appeals – Super Human Resource Department?

by Ruder Ware on

The Seventh Circuit Court of Appeals (which addresses federal court cases brought in Wisconsin) has stated in the past that it does not intend to be a “super human resource department” for employers. Recent court decisions...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

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

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

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

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

Extended Medical Leave Not A “Reasonable” Accommodation Under ADA, Court Says

This week, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit held that a “multimonth leave of absence is beyond the scope of a reasonable accommodation” under the Americans with Disabilities Act. ...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 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

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

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

EEOC Sues Rivers Casino for Firing Employee Who Needed Time Off for Cancer Treatment

Casino Violated the Americans with Disabilities Act by Refusing Time Off for Cancer Surgery, Federal Agency Charges - CHICAGO - Rivers Casino in Des Plaines violated federal law prohibiting disability discrim­ination by...more

The ADA Is Not a Medical Leave Entitlement, Seventh Circuit Declares

Today’s employers must run their businesses within the competitive environment in which they operate while affording employees an ever-increasing array of leaves. Yet, running a business without a full complement of employees...more

EEOC Sues Wynn Las Vegas for Disability Discrimination

Employee with Ovarian Cancer Denied Leave and Fired, Federal Agency Charged - LAS VEGAS - The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against the Wynn Las Vegas hotel/casino for violating...more

River Region Medical Center to Pay $100,000 To Settle EEOC Disability Discrimination Suit

Vicksburg Health Care Provider Fired 36-Year Employee Over Shoulder Surgery Recovery Issues, Federal Agency Charged - BIRMINGHAM, Ala. -- Vicksburg Healthcare, LLC, dba River Region Medical Center, which provides inpatient...more

EEOC Sues Blood Bank of Hawaii For Disability Discrimination

Employees With Disabilities Fired for Needing Additional Leave, Federal Agency Charges - HONOLULU, Hawaii - Blood Bank of Hawaii violated federal law when it refused to provide reasonable accommodations for and then fired...more

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