News & Analysis as of

Retaliation Americans with Disabilities Act (ADA)

U.S. Equal Employment Opportunity Commission...

EEOC Sues Cinergy Entertainment Group for Retaliation

Federal Agency Charges Company Failed to Rehire Former Employee Because She Previously Filed EEOC Discrimination Charge - CHARLOTTE, N.C. – Cinergy Entertainment Group, Inc., a Texas corporation operating multiple cinema...more

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

OSH Law Primer, Part VIII: The Intersection of Employment Law and Safety Issues

This is the eighth installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health...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...

Walmart Agrees to Pay $75,000 in EEOC Disability Discrimination Suit

Settles Federal Charges Distribution Center Refused to Allow Disabled Employee to Work and Retaliated Against Her for Complaining - RALEIGH, N.C. – Wal-Mart Stores East, LP will pay $75,000 and furnish other relief to...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

Fisher Phillips on

The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...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

Miller Canfield

U.S. Court of Appeals for the Sixth Circuit Rejects Congress’s Abrogation of Immunity for Lawsuits Against States for ADA...

Miller Canfield on

The U.S. Court of Appeals for the Sixth Circuit has ruled that the waiver of a State's immunity under Title V of the Americans with Disabilities Act (ADA) is unconstitutional. This ruling permits a State to defend a Title V...more

Husch Blackwell LLP

8th Circuit Decision Roundup – June 2024

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The Eighth Circuit Court of Appeals has issued several significant decisions that employers doing business in Minnesota should be aware of. Here are a few highlights of recent Eight Circuit Decisions that have addressed...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

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...

Savage River Lodge Pays $150,000 in EEOC Discrimination and Retaliation Suit

Hospitality Companies Settle Federal Charges That They Discriminated Against Pregnant Worker and Then Fired Her - BALTIMORE – Savage River Lodge, LLC and Little Crossings, LLC, doing business as Fronterra Resources...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

Littler

Littler Lightbulb: March Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Dechert LLP

Supreme Court Shifts Whistleblower Protection Landscape

Dechert LLP on

The U.S. Supreme Court on February 8, 2024, held in a unanimous decision that whistleblowers do not need to show retaliatory intent in order to establish protection under the Sarbanes-Oxley Act of 2002 (“SOX”), 18 U.S.C....more

Parker Poe Adams & Bernstein LLP

Admission That Business Unit Was Closed Due to Employee's Disability Precludes Dismissal of ADA Claim

When advising employers about the legal risks associated with a business reorganization, we generally advise that discrimination claims are less likely when a company closes an entire facility or department as compared to...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Upholds Employer's Denial of Remote Work During Pandemic

During the COVID-19 pandemic and afterwards, employers have faced a growing number of requests for remote work arrangements based on a medical disability. The Americans with Disabilities Act requires employers to grant...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Atlantic Properties Management Corporation and Diversified Funding for Disability Discrimination and Retaliation

Federal Agency Charges Property Management Companies With Revoking Job Offer From Woman With Breast Cancer - BOSTON – Atlantic Properties Management Corporation and its affiliate, Diversified Funding, Inc., property...more

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

Deaf Ramp Agent’s Inability to Communicate With Others While Working Posed ‘Direct Threat’ to Employee Safety, Court Rules

SkyWest Airlines, Inc., was justified in discharging a deaf ramp agent because his inability to hear or effectively communicate posed a “direct threat” to the safety of himself and others, the U.S. District Court for the...more

Goldberg Segalla

Employee Protection Limited for ADA and FMLA Discrimination and Retaliation Claims

Goldberg Segalla on

Key Takeaways - Resolved medical conditions and COVID-19 symptoms — aside from “Long COVID” — may not be considered “disabilities” under the ADA. A seven-week period between employee engagement in protected activity and an...more

Venable LLP

The Supreme Court Cases Employers Should Be Keeping an Eye on in the New Term

Venable LLP on

Earlier this year, we wrote about some of the major cases and legal developments for employers to watch in 2023. With the start of the U.S. Supreme Court's new term last month, we are back to provide insight into the next...more

U.S. Equal Employment Opportunity Commission...

Papa John’s Pizza to Pay $175,000 to Settle Disability Discrimination Lawsuit

Settles Federal Agency Charges Pizza Chain Failed to Accommodate and Fired Blind Employee Because of Disability - ATLANTA – Papa John’s Pizza, an international chain of pizza restaurants based in Louisville, Kentucky, will...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - November 2023

...NLRB Issues Final Rule on ‘Joint Employer’ Standard On - October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule titled “Standard for Determining Joint Employer Status,” which rescinds and...more

Bradley Arant Boult Cummings LLP

Are They Qualified? 11th Circuit Further Defines ADA Category

Does the fact that an individual is disabled automatically make him a “qualified individual with a disability” under Title I of the ADA? In Stanley v. City of Sanford, Florida, the Eleventh Circuit said no....more

Fisher Phillips

4 Supreme Court Cases Employers Should Be Tracking as New Term Kicks Off

Fisher Phillips on

The Supreme Court just began a new term, and we’re watching several cases that will likely have a big impact on the workplace. Specifically, the Court will weigh in on whether someone can “test” violations of federal...more

U.S. Equal Employment Opportunity Commission...

PNM Reaches $750,000 Settlement with EEOC in ADA Disability and Retaliation Case

Settles Federal Charges PNM’s Policies and Practices Discriminated Against Its Employees With Disabilities - ALBUQUERQUE, N.M. – Public Service Company of New Mexico and PNMR Services Co. will pay $750,000 to settle an...more

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