News & Analysis as of

Termination Disability Discrimination Equal Employment Opportunity Commission (EEOC)

Fishman Haygood LLP

The U.S. Fifth Circuit Applies American Pipe to Preserve Putative Class Member’s Discrimination Claims

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The U.S. Fifth Circuit Court’s recent decision in Zaragoza v. Union Pacific Railroad (“Zaragoza”) has highlighted key issues in class action lawsuits and the application of tolling principles. The plaintiff’s previous...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eighth Circuit Chips Away at ‘Honest Belief’ Defense and Creates ‘Intertwinement Test’ for Disability Discrimination Cases

On July 1, 2024, in Huber v. Westar Foods, Inc., in a 2–1 decision, the Eighth Circuit Court of Appeals departed from the “honest belief” defense recognized by the First, Second, Fourth, Fifth, and Seventh Circuits (and U.S....more

U.S. Equal Employment Opportunity Commission...

Cash Depot Pays $55,000 to Settle EEOC Disability Discrimination Lawsuit

ATM Service Provider Resolves Federal Lawsuit Charging That It Failed to Accommodate And Fired Employee Because of Disability - HOUSTON – Cash Depot, LTD, a privately owned, independent ATM service provider headquartered...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Alternate Solutions Health Network for Disability Discrimination

Federal Agency Charges Home Health Care Company With Firing Therapist with Seizure Disorder Because She Could Not Drive - DETROIT – Providers of home health care services Alternate Solutions Health Network, LLC (ASHN), and...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

U.S. Equal Employment Opportunity Commission...

EEOC Sues Weis Markets for Sexual Harassment and Unlawful Use of Employee Assistance Program

Federal Agency Charges That Grocery Chain Subjected Employee to Sexual Harassment and Fired Her for Refusal to Cooperate with Illegal Medical Examination and Disability-Related Inquiries - HARRISBURG, Pa. – Weis Markets,...more

U.S. Equal Employment Opportunity Commission...

Title Loan Companies to Pay $60,000 to Settle EEOC Racial Harassment and Disability Discrimination Suit

Settles Federal Charges Employee Was Subjected to N-Word, Did Not Accommodate Her Disability, and Then Fired Her - GREENVILLE, S.C. – Georgia-based Community Loans of America, Inc. and its subsidiary, Carolina Title Loans,...more

U.S. Equal Employment Opportunity Commission...

Community Hospital to Pay $158,000 to Settle EEOC Disability Discrimination Lawsuit

Settles Federal Charges Hospital Failed to Transfer Injured Nurse to a Vacant Job She Could Perform, and Terminated Her Instead - INDIANAPOLIS – Munster Medical Research Foundation, Inc., doing business as Community...more

U.S. Equal Employment Opportunity Commission...

Arthur J. Gallagher to Pay $40,000 to Settle Religious and Disability Discrimination Lawsuit -

Company Fired Employee Who Fasted for Lent and Was Regarded as Having a Disability, Federal Agency Charged - DENVER – Arthur J. Gallagher & Co. will pay $40,000 and provide other relief to settle an employment...more

U.S. Equal Employment Opportunity Commission...

K&L Auto Crushers Settles EEOC Disability Discrimination Suit

Auto Recycler Fired Employee During Treatment for Cancer After Denying Her Requests for Accommodation, Federal Agency Charged - DALLAS – Tyler, Texas-based K&L Auto Crushers will pay $90,000 and furnish other relief to...more

Jackson Lewis P.C.

Employee Incapable Of Complying With Valid Safety Requirements Is Not A “Qualified” Individual

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An employee who is categorically unable to comply with an employer’s valid workplace safety requirement is not a “qualified” individual under the Americans with Disabilities Act (ADA), even if the safety requirement is not...more

Foley Hoag LLP

New EEOC Guidance Explains ADA Protections For Opioid Users

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The rise in opioid use and addiction in the United States has raised complicated issues for employers. On August 5, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) addressed some of these issues by issuing...more

U.S. Equal Employment Opportunity Commission...

Diamond B & Harris Companies Pay $100,000 to Settle EEOC Disability Discrimination Suit

Company Fired Certified Rigger Due to Epilepsy, Federal Agency Charged - SEATTLE - A Bellingham, Wash.-based company formerly doing business as Diamond B Constructors, Inc. and its successor, Harris Companies, will pay...more

Seyfarth Shaw LLP

Tennessee Federal Court Axes ADA Anxiety Discrimination Claim And Grants Summary Judgment To Employer Against The EEOC

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Seyfarth Synopsis: In an EEOC disability discrimination lawsuit alleging that an employer failed to accommodate and then wrongfully terminated a laundry technician with anxiety, the U.S. District Court for the Middle District...more

Jackson Lewis P.C.

Can You Be “Regarded As” Disabled Based On A Potential Future Disability?

Jackson Lewis P.C. on

This certainly sounds futuristic. (Pun intended.) Still, in a case just decided by the Eleventh Circuit Court of Appeals, EEOC v. STME, LLC, the EEOC espoused precisely this position. The EEOC sued STME for disability...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Oceanic Time Warner Cable / Spectrum for Disability Discrimination

Communication Company's Inflexible Leave and Attendance Policies Deny Employees Reasonable Accommodations, Federal Agency Charges - HONOLULU, Hawaii - Oceanic Time Warner Cable LLC, doing business as Spectrum, violated...more

Saul Ewing LLP

Seventh Circuit Gives New Legs to Employee’s ADA Suit

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On Aug. 24, 2018, the U.S. Court of Appeals for the Seventh Circuit reversed and remanded the district court's decision in favor of the employee in the case of Linda Rowlands v. United Parcel Service-Fort Wayne, No. 17-3281...more

Amundsen Davis LLC

EEOC Consent Decree A Reminder That Attendance Policies Must Have An ADA Escape Valve

Amundsen Davis LLC on

In July the EEOC announced the terms of a consent decree settling claims of systemic disability discrimination against a global metal products manufacturer. Pursuant to the terms of the decree, the employer will pay $1...more

Clark Hill PLC

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

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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

Holland & Knight LLP

Seventh Circuit Provides Clarity on Leaves of Absence and the ADA

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The U.S. Court of Appeals for the Seventh Circuit recently held that an employer's refusal to offer an employee a two- or three-month medical leave of absence following his exhaustion of his Family Medical Leave Act (FMLA)...more

Baker Donelson

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

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

Saul Ewing LLP

Lengthy Leave of Absence Loses Reasonable Accommodation Status Under the ADA

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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

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

U.S. Equal Employment Opportunity Commission...

M&T Bank Sued by EEOC for Disability Discrimination at Hudson City Savings Bank

Predecessor Bank Refused to Accommodate Bank Branch Employees' Disabilities and Put Them on Involuntary Leave, Federal Agency Charges - NEW YORK - The U.S. Equal Employment Opportunity Commission (EEOC) filed suit today...more

Bradley Arant Boult Cummings LLP

From the Tinfoil Hat Files: Plaintiff Sleeping on the Job Claims Sensitivity to Electromagnetic Voltage

The 7th Circuit, in a short opinion issued April 6, zapped a plaintiff’s claim that he was terminated in violation of the ADA based on his condition of being overexposed to electromagnetic voltage at his job. Mr. Hirmiz, a...more

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