News & Analysis as of

Reasonable Accommodation Americans with Disabilities Act (ADA) Hiring & Firing

U.S. Equal Employment Opportunity Commission...

EEOC Sues Children’s Healthcare of Atlanta for Disability Discrimination

Says Children’s Hospital Rescinded Job Offer to Applicant Seeking a Disability-Related Accommodation - ATLANTA – Children’s Healthcare of Atlanta, Inc. (CHOA), a pediatric health care system based in Atlanta, violated...more

Parker Poe Adams & Bernstein LLP

Third Circuit Says Temporary Impairment Qualifies as ADA Disability

Last month, we reported on a decision from the Sixth Circuit Court of Appeals (which includes Tennessee) concluding that an employee’s asthma did not constitute a protected disability under the Americans with Disabilities...more

Genova Burns LLC

Reminder To Employers: Even Temporary Impairments Can Be A Disability Under The Law

Genova Burns LLC on

Last week’s decision by the Third Circuit Court of Appeals, Morgan v. Allison Crane & Rigging LLC, stands as a reminder to employers to exercise caution in how they navigate accommodating employees with temporary medical...more

U.S. Equal Employment Opportunity Commission...

Pilot Air Freight to Pay $400,000 to Settle Disability Discrimination Lawsuit

International Freight Company Settles Claim It Fired Manager Because of His Cancer - ATLANTA – Pilot Air Freight, LLC, an international freight shipping and logistics company, will pay $400,000 and provide other relief to...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Champion Media for Disability Discrimination

Federal Agency Charges News Organization Refused to Hire Applicant Because of Deafness - RALEIGH, N.C. – North Carolina-based publishing company Champion Media, LLC violated federal employment laws when it refused to hire...more

U.S. Equal Employment Opportunity Commission...

National Telecommuting Institute Settles Discrimination Suit for $1.25 Million

Resolves Federal Lawsuit Alleging Company Failed to Accommodate and Hire Blind and Low-Vision Applicants - SAN ANTONIO — National Telecommuting Institute, Inc. (NTI), a Westwood, Massachusetts-based staffing support firm,...more

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues VibraLife of Katy for Disability Discrimination

Federal Agency Charges Rehabilitation and Assisted Living Facility Fired Nurse With Sleep Disorder - HOUSTON – VibraLife of Katy, LLC, a rehabilitation and assisted living facility in Katy, Texas, violated federal law when...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Mia Aesthetics for Disability Discrimination

Federal Agency Charges Cosmetic Surgery Clinic Refused to Provide Reasonable Accommodation and Discharged Employee Because of Breast Cancer - ATLANTA –Mia Aesthetics Services ATL, LLC, and Mia Aesthetic Services, LLC, a...more

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

Eighth Circuit Chips Away at ‘Honest Belief’ Defense and Creates ‘Intertwinement Test’ for Disability Discrimination Cases

On July 1, 2024, in Huber v. Westar Foods, Inc., in a 2–1 decision, the Eighth Circuit Court of Appeals departed from the “honest belief” defense recognized by the First, Second, Fourth, Fifth, and Seventh Circuits (and U.S....more

U.S. Equal Employment Opportunity Commission...

Didlake, Inc. Pays More Than $1 Million in EEOC Disability Discrimination and Retaliation Lawsuit

Nonprofit Denied Accommodations to Deaf and Hard-of-Hearing Employees and Fired Employees Who Requested Medical Leave, Federal Agency Charged - WASHINGTON – Didlake, Inc., a government contractor that provides janitorial...more

U.S. Equal Employment Opportunity Commission...

Res-Care / Equus to Pay $125,000 in EEOC High-Risk Pregnancy and Disability Discrimination Case

Settles Federal Charges Workforce Services Provider in Southern New Mexico Failed to Grant Medical Leave and Fired Employee - SOCORRO, N.M. – Res-Care and Equus Workforce Solutions (jointly referred to as Res-Care/Equus),...more

Bradley Arant Boult Cummings LLP

No Dog Days This Summer: In Howard v. City of Sedalia, the Eighth Circuit Clarifies the Scope of Reasonable Accommodations Again

What accommodations are reasonable under the ADA? Employers are required to provide modifications or adjustments that enable a job applicant to be considered for a position. Beyond the application process, employers must also...more

U.S. Equal Employment Opportunity Commission...

Keystone RV Company to Pay Nearly $100,000 in EEOC Disability Discrimination Suit

Federal Judge Concludes Company Fired Worker Instead of Accommodating His Disability in Violation of Federal Law - INDIANAPOLIS – Goshen, Indiana-based Keystone RV Company, a leading manufacturer of towable RVs, will pay...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues All Day Medical Care Clinic for Discriminating Against Employee for Not Disclosing Disability During Job Interview

Maryland Health Care Provider Terminated Employee with Vision Impairments for Requesting Reasonable Accommodation on First Day of Work - BALTIMORE – All Day Medical Care Clinic, LLC, which operates five medical clinics in...more

U.S. Equal Employment Opportunity Commission...

The Modern Group and Dragon Rig Sales to Pay $35,000 in EEOC Disability Discrimination Lawsuit

Settles Federal Charges That Industrial Manufacturing and Service Company and Its Subsidiary Subjected Applicant to Discrimination Because of His Disabilities - BEAUMONT, Texas – The Modern Group, Ltd. (TMG), headquartered...more

U.S. Equal Employment Opportunity Commission...

Tractor Supply Company to Pay $75,000 to Settle EEOC Disability Discrimination and Retaliation Lawsuit

Federal Agency Charged Company Disclosed Employee’s Confidential Medical Information and Fired Her for Complaining - JACKSON, Miss. – Headquartered in Tennessee, Tractor Supply Company, the nation’s largest rural lifestyle...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Lubin Logistics for Disability Discrimination

Federal Agency Charges FedEx Contractor Fired Employee Because of Disability - ATLANTA – Lubin Logistics Company, which operates as a package delivery contractor for the international shipping brand FedEx, violated federal...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Reliable Maintenance Solutions for Disability Discrimination

Federal Agency Charges Quarry Services Company Refused to Hire Applicant Because of Disability - ATLANTA – Reliable Maintenance Solutions, Inc., which provides quarry services for mine sites in Georgia, violated federal...more

U.S. Equal Employment Opportunity Commission...

Covenant Woods to Pay $78,000 in EEOC Discrimination Lawsuit

Settles Federal Charges Retirement Community Fired Long-Tenured Receptionist Because of Age and Disability - ATLANTA – Covenant Woods Senior Living, LLC and BrightSpace Senior Living, LLC (together, “Covenant Woods”),...more

U.S. Equal Employment Opportunity Commission...

Downtown Grand Hotel & Casino to Pay $720,000 in EEOC Disability Discrimination and Retaliation Lawsuit

Casino Resort Settles Charges That It Failed to Provide Reasonable Accommodations to Employees With Disabilities - LAS VEGAS – DTG Las Vegas, LLC; Fifth Street Gaming, LLC; and DTG Las Vegas Manager, LLC, which operate the...more

Genova Burns LLC

What Employers Should Know About The EEOC’s Final Rule On The Pregnant Workers Fairness Act

Genova Burns LLC on

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued its final rule interpreting and providing guidance on the Pregnant Workers Fairness Act (PWFA)....more

U.S. Equal Employment Opportunity Commission...

Eagle Marine Services to Pay $45,000 in EEOC Disability Lawsuit

Settles Federal Charges That Marine Services Company Refused to Hire or Accommodate Worker Because of His Prescribed Medication - NEW ORLEANS – Eagle Marine Services Electrical and Refrigeration, LLC, a marine services...more

U.S. Equal Employment Opportunity Commission...

Gregg Orr Auto to Pay $325,000 to Resolve Disability and Age Discrimination Lawsuit

Federal Agency Charged Car Dealership Company Fired Longtime Employee To Avoid Healthcare Costs - BIRMINGHAM, Ala. – Gregg Orr Auto Collection, Inc., a group of car dealerships, has agreed to pay $325,000 and provide other...more

U.S. Equal Employment Opportunity Commission...

Olive Garden/GMRI Inc. to Pay $30,000 To Settle EEOC Disability Discrimination Suit

Manager Refused to Hire Job Applicant Because of Disability and Asked Unlawful Questions During Interview, Federal Agency Charged - PITTSBURGH – GMRI, Inc., doing business as Olive Garden, will pay $30,000 and agreed to...more

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