News & Analysis as of

Failure To State A Claim Americans with Disabilities Act (ADA)

Lathrop GPM

California Federal Court Grants Franchisor’s Motion to Dismiss Non-Dairy Alternative Surcharge Class Action Suit

Lathrop GPM on

A federal court in California recently granted a franchisor’s motion to dismiss a class action suit alleging discrimination in violation of the Americans with Disabilities Act (ADA). Garland v. Dunkin’ Donuts, LLC, 2024 WL...more

Lewitt Hackman

Franchisor 101: ADA Claim Is (Not) Under Control

Lewitt Hackman on

A deaf customer brought an Americans with Disability Act (“ADA”) suit against Yum! Brands, Inc. (“Yum!”), parent company of KFC, Pizza Hut, Taco Bell and The Habit brands, and a franchisee. The lawsuit claimed failure to...more

Fisher Phillips

Improper Job Application Questions Put Florida Employer in Jeopardy of Losing Workplace Disability Claim

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A Florida federal court just denied an employer’s effort to dismiss a disability discrimination claim filed by a legally blind applicant who alleges the employer asked improper pre-offer questions on its standard job...more

BCLP

Motions to Dismiss Granted in ADA Gift Card Cases

BCLP on

A New York federal court has granted motions to dismiss in four separate cases alleging that the failure to offer gift cards in Braille violates the ADA. The rulings by U.S. District Court Judge Gregory H. Woods (Southern...more

Jackson Lewis P.C.

Police Officer’s Disclosure Of Adderall Prescription Insufficient To Support Disability Discrimination Claim

Jackson Lewis P.C. on

A police officer who disclosed his Adderall prescription to his supervisor was unable to state a claim for discrimination based on an actual or perceived disability under the Americans with Disabilities Act or Pennsylvania...more

Fisher Phillips

Federal Appeals Court Overturns Decades Of Precedent To Revive Workplace Claim

Fisher Phillips on

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

Holland & Knight LLP

Food and Beverage Law Update: June 2018

Holland & Knight LLP on

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

Hinshaw & Culbertson LLP

Employment Practices Newsletter - May 2016

Department of Labor's Persuader Rule Convinces No One - The Department of Labor's controversial Final Rule on Persuader Reporting became effective April 25, 2016. The Rule significantly strengthens a union's rights under...more

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