News & Analysis as of

Disability Discrimination Civil Rights Act Employer Liability Issues

Jackson Lewis P.C.

Timing Is Everything: SCOTUS Shuts Down Retiree’s ADA Post-Employment Benefits Claim

Jackson Lewis P.C. on

Do former employees have the right to sue their previous employer under Title I of the Americans with Disabilities Act (ADA) for discrimination in the administration of post-employment fringe benefits? Resolving a circuit...more

Fisher Phillips

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

Fisher Phillips on

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

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

Supreme Court Hears Discrimination Case Involving Retiree Benefits

The Supreme Court of the United States recently heard oral arguments in a case that could broadly impact employers’ retiree benefits and liability under the Americans with Disabilities Act (ADA). The court will decide whether...more

Berkshire

Compensation in the New Administration – Mainstays and New Directions in Investigations

Berkshire on

A change in presidential administrations can influence federal enforcement agencies’ priorities, how they interpret laws and guidelines, and how they carry out enforcement. Consequently, the transition to the Trump...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...

Walgreens Pays $205,000 in EEOC Pregnancy and Disability Discrimination Lawsuit

Settles Federal Charges That Alexandria Pharmacy Refused to Allow Pregnant Worker Emergency Medical Leave, Forcing Her to Quit - NEW ORLEANS – Pharmacy and retailer Walgreens Co. has agreed to pay $205,000 and provide...more

Tucker Arensberg, P.C.

Individual Liability in Employment: Are You in Hot Water?

Tucker Arensberg, P.C. on

What happens when an employee believes he or she is a victim of discrimination at work? Most people understand that an employee can sue their employer/company but very few understand the concept of individual liability under...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

Perkins Coie

The Supreme Court Decision Heightens Undue Hardship Standard Applicable to Workplace Religious Accommodations

Perkins Coie on

The Supreme Court of the United States issued its opinion in Groff v. DeJoy (opinion here) on June 29, 2023, holding that Title VII requires an employer denying a religious accommodation to show that granting the...more

Bass, Berry & Sims PLC

Supreme Court Strengthens Burden in Religious Accommodation Requests

The Supreme Court recently ruled that the burden an employer must meet in denying a requested religious accommodation is “substantial” and not merely “de minimis.”  Employers will now have a harder time denying religious...more

Steptoe & Johnson PLLC

The Supreme Court of the United States Clarifies Title VII’s ‘Undue Hardship’ Standard for Religious Accommodations

On June 29, 2023, in a unanimous decision in Groff v. DeJoy, Postmaster General, the Supreme Court of the United States clarified Title VII’s “undue hardship” standard for employers denying religious accommodations. The Court...more

Schwabe, Williamson & Wyatt PC

Supreme Court Rules on Standard for Employees Seeking Religious Accommodations at Work

On June 29, 2023, the U.S. Supreme Court issued its long-awaited ruling in Groff v. DeJoy, 600 U.S. __ (2023), clarifying the standard governing an employer’s duty to accommodate its employees’ religious observances and...more

Troutman Pepper Locke

With Great Hiring Power Comes Great Responsibility: EEOC Releases New Warnings for Employers Leveraging AI

Troutman Pepper Locke on

Q. Has the U.S. Equal Employment Opportunity Commission (EEOC) issued any recent guidance regarding employers’ use of artificial intelligence (AI)? ...more

FordHarrison

EEOC's Guidance on Artificial Intelligence: Hiring and Employment-related Actions Taken using Artificial Intelligence may be...

FordHarrison on

Executive Summary: The Equal Employment Opportunity Commission (EEOC) recently published a technical assistance document providing guidance on when the use of artificial intelligence or algorithms in employee selection...more

U.S. Equal Employment Opportunity Commission...

Heartfelt Home Healthcare Services Settles Pregnancy Discrimination Lawsuit with EEOC

ERIE, Pa. – Heartfelt Home Healthcare Services, Inc., a Pennsylvania home healthcare provider, will pay $20,000 to a former employee and take significant steps to prevent future discriminatory treatment of its employees to...more

Littler

Littler Lightbulb – January Employment Appellate Roundup

Littler on

At the Supreme Court - Recovery of Damages for Property Destroyed During a Strike. On January 10, 2023, the Supreme Court heard oral argument in Glacier Northwest v. International Brotherhood of Teamsters.  At issue is...more

Akin Gump Strauss Hauer & Feld LLP

EEOC Issues New Guidance on Disability Bias and Algorithmic Employment Assessments

The Equal Employment Opportunity Commission (EEOC) recently released guidance to help private sector employers avoid disability discrimination when using algorithms to assess employees and applicants. The guidance explains...more

Constangy, Brooks, Smith & Prophete, LLP

The $450,000 workplace birthday party

There was this disability discrimination issue . . . An employer who shall remain nameless had a tradition of throwing a little birthday party for each of its employees on their special day. The birthday of one employee...more

Akerman LLP - HR Defense

Thousands of COVID-Related EEOC Charges Filed; More to Come?

Employers should be prepared: while COVID may feel like it’s on the wane, COVID-related charges filed with the U.S. Equal Employment Opportunity Commission (EEOC) are on the rise. According to data published by Bloomberg from...more

Proskauer - Law and the Workplace

EEOC Releases New Guidance on COVID-related Caregiver Discrimination

On March 14, 2022, the EEOC released new guidance regarding caregiver discrimination and the COVID-19 pandemic, in light of many workplaces returning to in-person work. The new guidance supplements earlier guidance regarding...more

Holland & Hart - Employers' Lawyers

Take COVID-19 Vaccine or Else: Legal Pitfalls for Employers

The imminent availability of a COVID-19 vaccine has garnered massive public attention. Perhaps the most pressing question from Colorado employers is, “Can employees be required to take the vaccine once it’s available?”...more

McGlinchey Stafford

Vaccines in the time of COVID [More with McGlinchey, Ep. 15]

McGlinchey Stafford on

In the time of Coronavirus with many municipalities implementing restrictions on business and individual activity, employers are anxious to return to normal operations with staff onsite as soon as possible. With vaccines...more

Bodman

Workplace Law Lowdown | Can Employers Require a COVID-19 Vaccine?

Bodman on

Every day Americans are promised an end to this pandemic through the advent of an all hallowed vaccine. As this day draws nearer, questions for employers become more eminent—how (and whether) to administer a vaccine...more

U.S. Equal Employment Opportunity Commission...

DoodyCalls Will Pay $40,000 to Settle EEOC Pregnancy and Disability Discrimination Suit

Pet Waste Removal Company Fired Pregnant Worker, Federal Agency Charged BALTIMORE – Charlottesville, Va.-based DoodyCalls, a leading pet waste removal company, will pay $40,000 and provide significant equitable relief to...more

Akerman LLP - HR Defense

Can Employers Require that Employees Get the Flu Shot?

Akerman LLP - HR Defense on

Flu season is upon us. Can employers require a flu shot? More importantly, should they? The Centers for Disease Control and Prevention (CDC) emphasizes that getting a flu vaccine this year is “more important than ever...more

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