News & Analysis as of

Americans with Disabilities Act (ADA) Retaliation

Constangy, Brooks, Smith & Prophete, LLP

You be the judge: Does this ADA plaintiff have a case?

Based on a real lawsuit. Names have been changed to protect the innocent. Facts may not be 100 percent accurate. PART ONE: Imagine you're the boss. You run a fast-food franchise, Flippin' Burgers. You hire Gwendolyn to...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...

Fiscal Year 2024 EEOC Litigation Focuses on Emerging Issues and Underserved, Vulnerable Populations

Agency Files First Cases Enforcing Pregnant Workers Fairness Act - WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it filed 110 lawsuits challenging unlawful employment...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Three Employers for Race Discrimination

Federal Suits Charge a Retirement Community Operator, Call Center Operator, and a Salt Producer Engaged in Racial Discrimination - WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) filed a trio of...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 Cinergy Entertainment Group for Retaliation

Federal Agency Charges Company Failed to Rehire Former Employee Because She Previously Filed EEOC Discrimination Charge - CHARLOTTE, N.C. – Cinergy Entertainment Group, Inc., a Texas corporation operating multiple cinema...more

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

OSH Law Primer, Part VIII: The Intersection of Employment Law and Safety Issues

This is the eighth installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health...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

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

Fisher Phillips on

The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...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

Miller Canfield

U.S. Court of Appeals for the Sixth Circuit Rejects Congress’s Abrogation of Immunity for Lawsuits Against States for ADA...

Miller Canfield on

The U.S. Court of Appeals for the Sixth Circuit has ruled that the waiver of a State's immunity under Title V of the Americans with Disabilities Act (ADA) is unconstitutional. This ruling permits a State to defend a Title V...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...

Savage River Lodge Pays $150,000 in EEOC Discrimination and Retaliation Suit

Hospitality Companies Settle Federal Charges That They Discriminated Against Pregnant Worker and Then Fired Her - BALTIMORE – Savage River Lodge, LLC and Little Crossings, LLC, doing business as Fronterra Resources...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

Littler

Littler Lightbulb: March Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Dechert LLP

Supreme Court Shifts Whistleblower Protection Landscape

Dechert LLP on

The U.S. Supreme Court on February 8, 2024, held in a unanimous decision that whistleblowers do not need to show retaliatory intent in order to establish protection under the Sarbanes-Oxley Act of 2002 (“SOX”), 18 U.S.C....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

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

Deaf Ramp Agent’s Inability to Communicate With Others While Working Posed ‘Direct Threat’ to Employee Safety, Court Rules

SkyWest Airlines, Inc., was justified in discharging a deaf ramp agent because his inability to hear or effectively communicate posed a “direct threat” to the safety of himself and others, the U.S. District Court for the...more

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