News & Analysis as of

Disability Discrimination Hiring & Firing

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

Federal Judge in Pennsylvania Reverses Dismissal of Medical Marijuana Cardholder’s Disability Discrimination Claim

On April 11, 2025, a federal judge for the U.S. Western District of Pennsylvania reversed his recent decision to dismiss a disability discrimination claim from a job applicant with a medical marijuana card who alleged he had...more

Ballard Spahr LLP

Eighth Circuit Court of Appeals Finds Remote Employee Who Did Not Reside or Work in Minnesota Is Not Protected by the Minnesota...

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A three-judge panel of the 8th Circuit Court of Appeals for the Eighth Circuit recently issued a decision in Kuklenski v. Medtronic USA, Inc., No. 24-1310 (8th Cir. Apr. 9, 2025), finding that the definition of “employee” in...more

Littler

Littler Lightbulb – March 2025 Employment Appellate Roundup

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Fourth Circuit Stays Injunction Barring Enforcement of DEI Executive Orders On March 14, 2025, the Fourth Circuit issued an order in National Association of Diversity Officers in Higher Education v. Donald Trump, No. 25-1189...more

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

Pennsylvania Federal Court Follows State Ruling That Medical Marijuana Use Is Not a Disability Under State Law

A Pennsylvania federal court recently ruled that a job applicant who had a job offer rescinded could not allege disability discrimination under the Pennsylvania Human Relations Act (PHRA) for medical marijuana use as a matter...more

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

Complying With the ADA When Managing Employees With Alcoholism

Employers sometimes encounter intoxicated employees at work, but there are some compliance challenges under the Americans with Disabilities Act (ADA) when managing employees with alcoholism....more

Fisher Phillips

AI Screening Systems Face Fresh Scrutiny: 6 Key Takeaways From Claims Filed Against Hiring Technology Company

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A Deaf, Indigenous woman claims an employer’s use of a popular automated video interview platform unfairly blocked her promotion due to AI-driven biases related to her disability and race. The ACLU filed charges on March 19...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Dishonesty on Pre-Employment Medical Questionnaire Justified Termination

The Americans with Disabilities Act prohibits employers from asking most applicants questions about their medical history before a conditional offer of employment is made....more

Fisher Phillips

Job Applicant Seeks to Expand AI Workplace Screener Lawsuit into a National Class Action: Should Employers and AI Developers Be...

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A frustrated job applicant who won court approval to advance his employment discrimination lawsuit against an AI-based vendor is now looking to ratchet up the pressure and expand his claim into a national class action. His...more

Holland & Hart - Employers' Lawyers

Quick Q&A on Remote Work Policies

Can remote polices from the pandemic be used against a company trying to bring employees back into the office? In certain circumstances, yes. Recently, courts have allowed juries to decide if onsite work is essential when the...more

Troutman Pepper Locke

Major Change to Federal Contractors’ Affirmative Action Requirements

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On Tuesday, President Trump radically changed the legal landscape for federal contractors when he revoked an executive order that had been in effect for nearly 60 years. Executive Order 11246, issued by President Johnson in...more

Fisher Phillips

Trump Dismantles Key Affirmative Action and DEI Standards for Federal Contractors: Top 3 Takeaways

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Many federal contractors and subcontractors have long been required to create affirmative action plans and have also promoted diversity, equity, and inclusion – practices that some see as necessary to create equal employment...more

CDF Labor Law LLP

[Webinar] Golden Rules Gone Wrong: Top 10 Compliance Hazards for California Workplaces in 2025 - January 29th, 10:00 am - 11:00 am...

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With employment lawsuits and regulatory scrutiny on the rise, staying ahead of employment law compliance risks is critical. California employers face unique challenges as the Golden State continues to lead the nation in labor...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Sam’s Club for Disability Discrimination

Federal Agency Charges Retailer With Firing Employee After Refusing to Accommodate Her Disabilities - ATLANTA – Sam’s East, Inc. and Walmart Inc., which together operate a chain of warehouse club retail stores known as Sam’s...more

Frantz Ward LLP

A Year in Review of Ohio’s Adult Use Cannabis Program for Employers

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On November 7, 2023, Ohio became the twenty-fourth state to legalize adult-use cannabis with 57% of voters voting in favor of Issue 2, also known as the Act to Control and Regulate Adult Use Cannabis. Ohio cannabis...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Equinox Holdings, Inc. for Disability and Sex Discrimination

Federal Agency Charges Fitness Company Failed to Hire Woman with Endometriosis Due to Her “Monthly Cycle” - WASHINGTON – Equinox Holdings, Inc. (Equinox), which owns and operates fitness facilities and gyms nationwide,...more

U.S. Equal Employment Opportunity Commission...

Lubin Logistics to Pay $20,000 and Provide Remedial Measures in EEOC Disability Discrimination Lawsuit

Small FedEx Contractor Settles Claims It Fired Employee Because of His Lupus - ATLANTA – Lubin Logistics Company, which operates as a small package delivery contractor for the international shipping brand FedEx, will pay...more

U.S. Equal Employment Opportunity Commission...

BayMark Health Services to Pay $55,000 in EEOC Disability Discrimination Charge

Conciliates Federal Charge Company Fired Worker Instead of Accommodating Disability - VALLEJO, Calif. – MedMark Treatment Centers, a subsidiary of BayMark Health Services which provides treatment for opioid addiction and...more

U.S. Equal Employment Opportunity Commission...

Castle Hills Master Association to Pay $55,000 in EEOC Disability Discrimination Suit

Settles Federal Lawsuit Claiming Property Management Companies Terminated Pregnant Employee Unlawfully - DALLAS – Property management companies Castle Hills Master Association Inc., Bright Realty LLC, Bright Industries...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Alto Experience, Inc. for Disability Discrimination

Federal Agency Charges Ride-Hailing Company Denied Accommodations and Employment to Deaf Individuals - WASHINGTON – Alto Experience, Inc., a ride hailing company that currently operates in Texas, Florida, and California,...more

FordHarrison

Best of EntertainHR 2024

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HR leaders can learn plenty from pop culture, be it through sports scandals, TV dramas, celebrity squabbles, and more. HRDA’s EntertainHR column breaks down recent news to shed light on best practices in the corporate space....more

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

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

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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

Littler

Littler Lightbulb: September Appellate Roundup

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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

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