News & Analysis as of

Retaliation Hiring & Firing Americans with Disabilities Act (ADA)

U.S. Equal Employment Opportunity Commission...

EEOC Sues Three Employers for Race Discrimination

Federal Suits Charge a Retirement Community Operator, Call Center Operator, and a Salt Producer Engaged in Racial Discrimination - WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) filed a trio of...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues GBMC Healthcare & Greater Baltimore Medical Center for Disability Discrimination

Federal Suit Says GBMC Hospital Discriminated and Retaliated Against Registered Nurse Because of Disability - BALTIMORE – GBMC Hospital violated federal law when it discriminated against a deaf employee because of...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Osmose Utilities Services for Disability Discrimination and Retaliation

Federal Agency Charges Utility Service Provider Failed to Provide Reasonable Accommodation and Fired Employee Because of Her Disability - ATLANTA – Osmose Utilities Services, Inc., a provider of services and products 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

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

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

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

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

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

Constangy, Brooks, Smith & Prophete, LLP

EEOC's "not-so-sweet six" priorities, for 2024 and beyond

These six will get the EEOC's attention in 2024-28. Last week, the U.S. Equal Employment Opportunity Commission released its Strategic Enforcement Plan for 2024-28. Strategic Enforcement Plans provide a helpful preview of...more

Fisher Phillips

Fired Worker Not Entitled to Jury Trial for Disability Retaliation Claim: Key Takeaways for Employers

Fisher Phillips on

A high-level IT worker who claimed he was discriminated against because of his medical condition was not entitled to a jury trial or monetary damages for his retaliation claim under the Americans with Disabilities Act (ADA)....more

Seyfarth Shaw LLP

The Art of Defending (or Lodging) a Failure to Accommodate Claim: A Lesson on The Rehabilitation Act

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit further clarifies The Rehabilitation Act while making it even harder to get rid of failure to accommodate claims at the summary judgment stage; FEHA and ADA implications may follow....more

U.S. Equal Employment Opportunity Commission...

NSN, LLC Will Pay $42,000 to Settle EEOC Disability Discrimination and Retaliation Suit

Testing Company Settles Federal Charges It Revoked Employee’s Disability-Related Accommodations and Fired Her When She Questioned the Decision - RALEIGH, N.C. – NSN, LLC, a Virginia Corporation which provides staffing for...more

Carlton Fields

Seventh Circuit Affirms District Court’s Order Denying Application to Vacate Arbitration Award

Carlton Fields on

Donald Kinsella was an employee of defendant Baker Hughes Oilfield Operations LLC. In June 2013, he suffered a work-related injury resulting in his disability and receipt of disability benefits for three years. Baker Hughes’...more

Foley & Lardner LLP

EEOC Issues Updated Technical Guidance on COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws

Foley & Lardner LLP on

The COVID-19 pandemic presented numerous challenges for employers and workplaces across the globe. While COVID is not gone, the federal government did recently end the federal public health emergency. Shortly thereafter, on...more

U.S. Equal Employment Opportunity Commission...

Goodwill Industries of Southeastern Louisiana to Pay $60,000 to Settle EEOC Disability Discrimination and Retaliation Lawsuit

New Orleans Store Settles Charge It Fired Employee Because of Ankle Injury - NEW ORLEANS – Goodwill Industries of Southeast Louisiana, Inc. has agreed to pay a former employee $60,000 to settle a lawsuit brought by the...more

Genova Burns LLC

NJ District Court Upholds Employee Termination After FMLA Leave

Genova Burns LLC on

On March 31, 2023, in LeBlanc v. Thomas Jefferson University, the United States District Court for the District of New Jersey granted an employer’s motion for summary judgment, dismissing a former’s employee’s allegations of...more

U.S. Equal Employment Opportunity Commission...

Circle K to Pay $8 Million to Resolve EEOC Disability, Pregnancy, and Retaliation Charges

PHOENIX – Circle K Stores Inc. has entered into a nationwide agreement with the U.S. Equal Employment Opportunity Commission (EEOC) to resolve disability, pregnancy and retaliation discrimination charges, the federal agency...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Tractor Supply Company for Disability Discrimination

Employer Disclosed Employee’s Confidential Medical Information, Harassed Her, Retaliated Against Her and Fired Her for Complaining, Federal Agency Charges - BIRMINGHAM, Ala. – Hattiesburg, Mississippi-based Tractor Supply...more

Akerman LLP - HR Defense

Employers: Prepare Now for Recession-Based Layoffs

With many economic experts predicting that the U.S. will enter a recession in the near future, employers are preparing for the possibility of significant layoffs. Before making cuts, companies – especially those with remote...more

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