News & Analysis as of

Disability Discrimination Former Employee

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

Connecticut Appellate Court Finds No Associational Claims Under State’s Discrimination Law

A Connecticut appellate court recently held that the Connecticut Fair Employment Practices Act (CFEPA) does not recognize a cause of action for associational disability discrimination....more

Fisher Phillips

What New York City Employers Need to Know About The First Court Rulings in Early COVID 19 Related Workplace Litigation

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Of the more than 2,300 COVID-19-related employment lawsuits we have been tracking, many have at least one thing in common: they relate to employees who had (or suspect they had) the virus in late 2019 or early 2020 – before,...more

Seyfarth Shaw LLP

Firefighter’s Federal Disability Claims Based on Pot Use Snuffed Out by Connecticut District Court

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Big Takeaways - Recently, when dismissing a former employee’s claims brought under the Americans with Disabilities Act (ADA), the District of Connecticut issued two welcome reminders to employers. First, to set out an ADA...more

Hogan Lovells

Employment News: PHI, age discrimination, breach of contract

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What's in a name? Return to work was a return to employee's old role - In ICTS (UK) Ltd v Visram the Court of Appeal confirmed that an employee was entitled to receive long term disability benefit until he was able to...more

Womble Bond Dickinson

N.C. Federal Court Allows Former Employee’s Disability Claims to Proceed to Trial

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A North Carolina federal trial court recently denied an employer’s request to dismiss a former employee’s disability discrimination and retaliation claims under the Americans with Disabilities Act (“ADA”). The case provides a...more

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

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It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

U.S. Equal Employment Opportunity Commission...

Absolut Care to Pay $465,000 To Settle EEOC Pregnancy and Disability Discrimination Suit

Health Care Company Failed to Accommodate and Instead Fired Pregnant Employees and Employees With Disabilities, Federal Agency Charged - BUFFALO, N.Y. - Absolut Facilities Management, LLC, doing business as Absolut Care...more

U.S. Equal Employment Opportunity Commission...

Otto Candies to Pay $165,000 to Resolve EEOC Disability Discrimination Suit

Marine Transportation Provider Fired Deckhand Because of His Recurrent Pancreatitis, Federal Agency Charged - NEW ORLEANS - Otto Candies, LLC has agreed to pay a former employee $165,000 and provide other relief to settle...more

Fisher Phillips

Federal Appeals Court Overturns Decades Of Precedent To Revive Workplace Claim

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Overturning 40 years of precedent, the 10th Circuit Court of Appeals has just ruled that an employee’s failure to file an EEOC charge does not necessarily bar consideration of a private discrimination lawsuit. By concluding...more

McAfee & Taft

Court: Disabled or not, worker must be able to perform essential job functions

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The federal appeals court that covers Oklahoma recently ruled in favor of Walmart in a lawsuit filed by a disabled former employee. Disabled maintenance employee terminated after refusing to clean restrooms - Simone...more

Fisher Phillips

Nevada Employer Pays $3.5 Million To Settle “100-Percent Healed” Claim

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Nevada Employer Pays $3.5 Million To Settle “100-Percent Healed” Claim - Slots chain employer Dotty’s recently agreed to pay $3.5 million to settle litigation alleging its “100-percent-healed” policy discriminates against...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

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Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Proskauer - California Employment Law

California Employment Law Notes - March 2018

Former LA Times Columnist's Age/Disability Discrimination Judgment Upheld, New Trial On Damages Ordered - Simers v. Los Angeles Times Commc'ns, LLC, 18 Cal. App. 5th 1248 (2018) - T.J. Simers, a well-known sports...more

Bradley Arant Boult Cummings LLP

Another Severance Agreement Bites the Dust: EEOC Continues Its Campaign against Provisions that Preclude Talking to the Government

Ever wonder why the severance agreement that I (or your other favorite employment lawyer) send you says “nothing in this Agreement prevents Employee from filing a charge with the EEOC” (or words to that effect)? I mean, isn’t...more

U.S. Equal Employment Opportunity Commission...

Coleman Company and EEOC Reach Agreement To Resolve Discrimination Charge And Revise Settlement Agreements

DENVER - The U.S. Equal Employment Opportunity Commission (EEOC) and The Coleman Company, Inc. have reached a voluntary conciliation agreement to resolve allegations of disability discrimination raised by a former employee,...more

U.S. Equal Employment Opportunity Commission...

Pioneer Health Services to Pay $85,000 To Settle EEOC Disability Discrimination Suit

Mississippi Health Care Company Illegally Fired Employee After She Underwent Liver Transplant Surgery, Federal Agency Charged - JACKSON, Miss. -- Pioneer Health Services, Inc., a Mississippi corporation that provides...more

Fisher Phillips

Former Dealership Employee Nabs $1.3 Million Verdict In Disability Discrimination Suit

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Why should your dealership conduct thorough investigations into possible employee misconduct and document poor performance before termination? A Florida court just gave 1.3 million reasons....more

Kelley Drye & Warren LLP

No Summer Breaks for the EEOC

As many of us settle into September, with fond memories of our summer vacations, do not think that the federal agencies were on a hiatus. In fact and despite predictions that the EEOC under the new administration would be...more

Proskauer - California Employment Law

California Employment Law Notes - September 2017

Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more

Proskauer - California Employment Law

California Employment Law Notes - July 2016

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

Constangy, Brooks, Smith & Prophete, LLP

T.J. Simers Discrimination Trial: At Last, The “Ethical Breach”!

Last week, I mentioned that I still didn’t really understand what “ethical breach” Mr. Simers had allegedly committed, and I threw out a request for help from someone (anyone?) with a media background....more

Constangy, Brooks, Smith & Prophete, LLP

T.J. Simers Discrimination Trial: “He Lied, And He Went Too Far!”

Mr. Simers’ attorneys called at least two Times executives to the stand this week as adverse witnesses. One, who was the newspaper’s Human Resources director in 2013, testified that Mr. Simers lied when he told Times...more

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

State Employment Laws That Every Virginia Employer Should Know

Keeping track of the latest changes to federal employment laws, such as the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and the Fair Labor Standards Act (FLSA), to name just a few, is hard...more

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

LA County Employee’s Retaliation Claim Fails but Disability Bias Claim Moves Forward

Barseghyan v. County of Los Angeles, No. B249184 (November 20, 2014): A California Court of Appeal recently held that an employee whose new supervisors were unaware that she had filed a sexual harassment complaint in her...more

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