News & Analysis as of

Compensatory Damages Americans with Disabilities Act (ADA)

Husch Blackwell LLP

Congress Considers Raising or Eliminating the Statutory Caps on Damages for Claims Brought Under Title VII and the ADA

Husch Blackwell LLP on

Democrats and Republicans within the House Committee on Education and the Workforce have recently expressed bipartisan interest in raising or eliminating the statutory caps on damages for claims brought under Title VII and...more

Roetzel & Andress

Supreme Court Holds Districts May Be Sued for Damages Even When IDEA Administrative Process Is Not Exhausted

Roetzel & Andress on

The Supreme Court unanimously held in Perez v. Sturgis Public Schools, No. 21-887 (Mar. 21, 2023) that a student can sue for compensatory damages under the Americans with Disabilities Act (“ADA”) even when they have not...more

Miller Canfield

SCOTUS: Public School Children with Disabilities Can Get Compensatory Damages

Miller Canfield on

Can public school children with disabilities sue their schools for violations of the federal antidiscrimination statutes and collect compensatory damages before exhausting their administrative remedies under the Individuals...more

Foster Garvey PC

U.S. Supreme Court Eliminates Exhaustion of Administrative Remedies Requirement for ADA Damage Suits Against School Districts

Foster Garvey PC on

Summary of the ruling (& its underlying alphabet soup): The federal Individuals with Disabilities Education Act (“IDEA”) requires school districts to provide their disabled students a Free Appropriate Public Education...more

Dorsey & Whitney LLP

The Supreme Court Update - March 21, 2023

Dorsey & Whitney LLP on

Today, the Supreme Court of the United States issued one decision: Perez v. Sturgis Public Schools, No. 21-887: This case considered whether a federal education law’s administrative exhaustion requirements precluded a...more

U.S. Equal Employment Opportunity Commission...

Jury Returns Verdict for EEOC in ‘Regarded As’ Disability Case Against West Meade Place

Company Fired Laundry Technician Because It Regarded Her as Having an Impairment, Federal Agency Charged - NASHVILLE, Tenn. – A jury has returned a verdict for the U.S. Equal Employment Oppor­tunity Commission (EEOC) on...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Omaha Hospitality Group for Disability Discrimination

Hotel Fired Manager After He Was Hospitalized for Depression, Federal Agency Charges - ST. LOUIS – Operators of an Omaha hotel violated federal law when they fired a general manager after being hospitalized for depression,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Hobby Lobby for Disability Discrimination

Company Refused to Allow Service Dog as Reasonable Accommodation, Federal Agency Charges - ST. LOUIS – Hobby Lobby Stores, Inc., a national arts-and-crafts retailer, violated federal law when it refused to reasonably...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Manufacturing Companies for Disability Discrimination

Man Fired for Disability-Related Absences, Federal Agency Charges - CHICAGO – Grief, Inc., an international manufacturing company, and American Flange, its wholly-owned subsidiary operating in the western suburbs of...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Geisinger Health and Affiliates for Disability Discrimination and Retaliation

Health System Failed to Reasonably Accommodate Class of Workers with Disabilities, Federal Agency Charges - PHILADELPHIA – Geisinger Health, Geisinger Health System Foundation doing business as Geisinger Health System,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues TrueBlue, Inc., for Disability Discrimination

Staffing Company Fired Employee with a Disability Instead of Providing Reasonable Accommodations, Federal Agency Charges - WASHINGTON- TrueBlue, Inc., a Tacoma, Washington.-based staffing company with branch offices...more

U.S. Equal Employment Opportunity Commission...

Hospital Housekeeping Services Sued by EEOC for Disability Discrimination

Company Fired Disabled Workers Because of Their Inability to Pass an Essential Functions Test, Federal Agency Charges - Fort Smith, Ark. –Hospital Housekeeping Services (HHS) violated federal law when it terminated...more

U.S. Equal Employment Opportunity Commission...

Excentia Human Services Sued by EEOC for Disability Discrimination

Preschool Provider Refused to Employ Candidate with Cerebral Palsy, Federal Agency Charges - PHILADELPHIA – The Pai Corporation, doing business as Excentia Human Services and as Excentia and S. June Smith Center...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Pilot Freight Services for Disability Discrimination

International Freight Company Fired Manager Because of His Cancer, Federal Agency Charges - ATLANTA – Pilot Freight Services, Inc., an international freight shipping and logistics company based in Atlanta, unlawfully fired...more

U.S. Equal Employment Opportunity Commission...

EEOC Files Disability Lawsuits in El Paso and Ft. Worth Based on COVID Related Discrimination

Fabens Pharmacy and 151 Coffee Took Different Approaches to COVID-19, But Both Violated the ADA, EEOC Charged - DALLAS – The EEOC filed two lawsuits in Texas courts today, alleging that a pharmacy in Fabens and a...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Opportunities and Resources, Inc. for Disability Discrimination

Work Placement Agency Discriminated Against Deaf Employees, Federal Agency Charges - HONOLULU, Hawaii – Opportunities and Resources, Inc. and ORI Anuenue Hale, Inc. (ORI), a work placement agency for individuals with...more

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

First Circuit Weighs in on ADA’s ‘Single Integrated Employer’ Test and Reckless Indifference Standard for Punitive Damages

In Burnett v. Ocean Properties, Ltd., et al., the First Circuit Court of Appeals upheld a jury verdict for the plaintiff in his failure to accommodate claim under the Americans with Disabilities Act (ADA) and the Maine Human...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Saint Clare’s Health for Disability Discrimination

Hospital Network Refused to Accommodate New Employee’s Pregnancy-Related Disability And Withdrew Her Job Offer Instead, Federal Agency Charges - NEWARK, N.J. – Saint Clare’s Health, a division of Prime Healthcare Services...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Yale New Haven Hospital for Age and Disability Discrimination

Hospital Unlawfully Subjected Only Physicians Over 70 to Neuropsychological and Eye Exams, Federal Agency Charges - NEW HAVEN - Yale New Haven Hospital, the teaching hospital of the Yale School of Medicine, violated...more

U.S. Equal Employment Opportunity Commission...

BLI Northwest & Successor Harris Pacific Northwest to Pay $100,000 and Provide Other Relief to Settle EEOC Disability...

Certified Rigger Fired Due to Epilepsy, Federal Agency Charged - SEATTLE - Bellingham, Wash.-based BLI Northwest, Inc., formerly doing business as Diamond B Constructors, Inc. and its successor, Harris Pacific Northwest,...more

U.S. Equal Employment Opportunity Commission...

M&T Bank Will Pay $100,000 to Settle EEOC Disability Discrimination Lawsuit

Bank Failed to Accommodate Manager With Pregnancy-Related Disability, Federal Agency Charged - BALTIMORE - Manufacturers and Traders Trust Company, doing business as M&T Bank, will pay $100,000 and provide significant...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Black Forest Décor for Disability Discrimination

Home Décor Business Fired Warehouse Employee for Taking Unpaid Leave It Forced Her to Use, Federal Agency Charges - LOUIS - Black Forest Décor, LLC violated federal law when it forced a worker with a disability at its...more

U.S. Equal Employment Opportunity Commission...

Target Sued by EEOC For Disability Discrimination

Antioch Store Illegally Refused to Interview Candidate Because He Is Deaf, Federal Agency Charges - SAN FRANCISCO - National retailer Target Corporation violated federal law when it failed to interview a qualified job...more

Seyfarth Shaw LLP

“A Telecommute Dispute” – What Is A Reasonable Accommodation Under The ADA?

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Sixth Circuit Court of Appeals recently held that telecommuting can be a reasonable accommodation under the ADA when the employee is able to perform the essential functions of the position remotely and...more

FordHarrison

Connecticut Supreme Court Rules No Punitive Damages Under the Connecticut Fair Employment Practices Act

FordHarrison on

The Connecticut Supreme Court recently set aside an award of statutory punitive damages in a disability discrimination case brought pursuant to Connecticut’s human rights law, the Connecticut Fair Employment Practices Act...more

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