News & Analysis as of

Disability Discrimination

Seyfarth Shaw LLP

Seventh Circuit: A “Do-Over” Is Not an Accommodation

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The Seventh Circuit’s recent decision – holding that an employee’s request for a second chance that allows them to change their behavior to meet employer expectations is not a “reasonable accommodation” under the ADA –...more

Bowditch & Dewey

Courts and Communities Grapple with Housing and Substance Abuse Crises and the Limits of Local Zoning

Bowditch & Dewey on

Does G.L. c. 40A, § 3, ¶ 4 “impose[] a per se requirement that all sober homes be treated in all circumstances as would single family homes as a matter of law?” In anticipation of December 2024 oral arguments, the Supreme...more

Poyner Spruill LLP

Third Circuit Holds Employee Not Protected by ADA Due to Incapacity to Work

Poyner Spruill LLP on

Is an employee on an extended leave of absence due to a long-term medical condition protected from employment termination by the Americans with Disabilities Act (ADA)? The answer depends on multiple factors, including whether...more

McAfee & Taft

Employee loses ADA lawsuit for failing to engage with employer over alternative accommodations

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A federal appeals court in Tennessee recently upheld an order dismissing a former teacher’s disability bias lawsuit, finding that the teacher’s failure to engage in discussions with his employer over alternative...more

Seyfarth Shaw LLP

Football Stadium May Have Fumbled Wheelchair User’s Seating Request, Federal Court Rules

Seyfarth Shaw LLP on

A federal court recently held that a football stadium must make reasonable modifications to its seating policy to allow a wheelchair user with a ticket for a non-wheelchair accessible seat access to view the game in person....more

U.S. Equal Employment Opportunity Commission...

Catalyst Family, Inc. Resolves EEOC Disability Discrimination Charge

Settles Federal Charge Finding Company Fired Assistant Teacher Instead of Accommodating Disability - SACRAMENTO, Calif. – Catalyst Family Inc., a non-profit company that operates child development centers in various...more

Fisher Phillips

Legally Blind Teaching Applicant Deemed not Qualified Under the ADA: 3 Lessons for Schools

Fisher Phillips on

A school district in Texas recently prevailed in a failure-to-hire lawsuit when the court ruled that a legally blind applicant for a teaching position could not demonstrate that she’d have been able to manage student...more

Parker Poe Adams & Bernstein LLP

EEOC Litigation Report Demonstrates Agency's Priorities

Following a "cause" finding in an Equal Employment Opportunity Commission charge of discrimination investigation, the agency issues a right to sue letter to the charging party or agrees to sue the employer on that person’s...more

Payne & Fears

August/September Case Summaries

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Summary: The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act applies not just to sexual assault and sexual harassment claims, but to all claims asserted in the “case.”...more

Littler

Littler Lightbulb: September Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fourth Circuit Rejects ADA Claim of Employee Who Tested Positive for Illegal Drugs...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Victra for Discrimination Due to Pregnancy and Perceived Disability

Federal Suit Charges Mobile Device Retailer Rescinded Job Offer After Learning About Worker’s Potential Pregnancy Complications - RENO, Nev. – Victra, the business name of ABC Phones of North Carolina and a nationwide...more

Seyfarth Shaw LLP

SDNY Chief Judge to ADA Plaintiff: Court Closed for Business to Online-Only ADA Web Cases

Seyfarth Shaw LLP on

Seyfarth Synopsis: A recent decision holding that web-only businesses cannot be sued over the accessibility of their website under the ADA is the first of its kind in the Southern District of New York and may cause...more

DLA Piper

Be Global: Employment Law in 5

DLA Piper on

5 developments to read for September in less than 5 minutes - Focus: On the Middle East - In the Middle East, requirements to hire local citizens are expanding. Oman is moving towards private sector Omanisation through new...more

U.S. Equal Employment Opportunity Commission...

Builders FirstSource Sued by EEOC for Discrimination

Federal Suit Charges Manager Wrongly Assumed Worker Was Too Old and Disabled - SEATTLE – A building supply company doing business as Builders FirstSource north of the Seattle area violated federal law when it terminated a...more

U.S. Equal Employment Opportunity Commission...

Walmart to Pay $175,000 to Settle Three EEOC Disability Discrimination Suits

Federal Agency Charges Nation’s Largest Retailer Failed to Accommodate Employee Disabilities and Fired Employees for Disability-Related Absences - CHARLOTTE, N.C. - Wal-Mart Stores East, LP, will pay $175,000 and furnish...more

McAfee & Taft

EEOC sues employer for ‘100% healed’ policy

McAfee & Taft on

Employers are understandably reluctant to allow employees with medical restrictions to resume working. A concern that returning the employee to work risks worsening their condition causes some employers to require a “complete...more

U.S. Equal Employment Opportunity Commission...

Arizona Walmart to Pay $100,000 in EEOC Disability Lawsuit

Resolves Federal Lawsuit Alleging Company Fired Cashier for Seizures - PHOENIX – Walmart, Inc., the largest grocery store chain in the United States, will pay $100,000 and furnish other relief to settle a disability...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 Mail Hauler Trucking for Disability Discrimination

Federal Lawsuit Charges Mail Delivery Contractor Fired Employee Because of Disability - FARGO, N.D. – Mail Hauler Trucking, LLC., which delivers mail for the United States Postal Service in North Dakota and South Dakota,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Inova Surgery Center, LLC for Disability and Age Discrimination

Federal Agency Charges Medical Provider Fired Employee While She Was Recovering from Surgery and Replaced Her with Younger, Less-Qualified Co-Workers - WASHINGTON – Inova Surgery Center, LLC, which operates outpatient...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Castle Hills Master Association and Parent Companies for Disability Discrimination

Federal Suit Charges Property Management Companies Fired Hospitalized Resident Coordinator Because of Her Pregnancy-Related Disability - DALLAS – Castle Hills Master Association Inc., and parent companies Bright Realty...more

U.S. Equal Employment Opportunity Commission...

Virginia International Terminals Sued by EEOC for Disability Discrimination

Federal Lawsuit Charges VIT Barred Employee from Position Because of Heart Condition - NORFOLK, Va. – Virginia International Terminals, LLC (VIT), a marine terminal operator headquartered in Norfolk, Virginia, violated...more

U.S. Equal Employment Opportunity Commission...

Employment & Training Centers to Pay $35,000 in EEOC Disability Discrimination Lawsuit

Federal Agency Charged HR Firm With Refusing to Accommodate Applicant Because of His Kidney Disability - HOUSTON – Employment & Training Centers, Inc. (ETC), a human resource consulting firm, will pay $35,000 and furnish...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Sanmina Corporation for Disability Discrimination

Federal Lawsuit Charges Company Fired Employee Because of Her Disability and Need for a Reasonable Accommodation - BIRMINGHAM, Ala. – Sanmina Corporation, a provider of electronic manufacturing services, violated federal...more

CDF Labor Law LLP

California Court of Appeals Upholds Adverse Employment Action Where Employee Unable to Perform Essential Job Functions

CDF Labor Law LLP on

This month, the California Court of Appeals affirmed the trial court’s grant of summary adjudication to the employer in a disability discrimination case alleging violations of the Fair Employment and Housing Act (FEHA). The...more

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