News & Analysis as of

Disability Discrimination Interactive Process Equal Employment Opportunity Commission (EEOC)

Venable LLP

EEOC Sues Employer Over Denial of Service Animal Accommodation

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In May, the Equal Employment Opportunity Commission (EEOC) announced it was suing a Maryland-based employer for allegedly violating Title I of the Americans with Disabilities Act (ADA) by refusing to allow an employee to...more

Fisher Phillips

Barking Up the Wrong Tree? The Legal Risks of Delaying ADA Accommodations and Best Practices to Avoid Liability

Fisher Phillips on

In a decision that may rattle employers nationwide, a federal appeals court recently revived an Army veteran’s ADA suit against her employer for delaying her request to bring a service dog to work, despite eventually granting...more

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

ADA’s Interactive Process May Require Employers to Follow Up With Third Parties

A recent press release from the U.S. Equal Employment Opportunity Commission (EEOC) announcing a $250,000 settlement and consent-decree resolution of a disability discrimination lawsuit may serve to remind employers of the...more

Seyfarth Shaw LLP

Tenth Circuit Highlights Limits on Employers Defining Essential Functions of a Position

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit Court of Appeals reversed a summary judgment award on an employee’s failure-to-accommodate claim. The Court’s decision focused on the employer’s improperly narrow delineation of the...more

BakerHostetler

Keeping Mental Health Top of Mind Beyond May While Ensuring ADA Compliance

BakerHostetler on

Before we shift our focus away from Mental Health Awareness Month, we want to offer some guidance to employers seeking not only to avoid liability under the Americans with Disabilities Act (ADA) but also to create a more...more

Epstein Becker & Green

#WorkforceWednesday: Mental Health Accommodations and Parity, Board Diversification Law Struck Down, Ban-the-Box Update -...

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This week, we look at the increase in mental health discrimination charges the Equal Employment Opportunity Commission (EEOC) recently reported and how employers can respond. Mental Health Accommodations and Parity in...more

Baker Donelson

"Heigh Ho, Heigh Ho, It's Back to Work We Go – But Can My Dog Go Too?"

Baker Donelson on

Approximately two years ago, the World Health Organization (WHO) declared COVID-19 a pandemic. In response, the world essentially shut down, with schools closed, outdoor events cancelled, and employees told to work from home....more

PilieroMazza PLLC

Return to Work: Employer-Mandated COVID-19 Vaccination Policies and Accommodating Employee Disabilities and Religious Beliefs

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Over 50% of the adult population of the U.S. has received at least one dose of a vaccine to combat COVID-19, and many employers are looking forward to a “return to normal,” with employees coming back to the workplace. But...more

PilieroMazza PLLC

[Webinar] Return to Work: Employer-Mandated COVID-19 Vaccination Policies and Accommodating Employee Disabilities and Religious...

PilieroMazza PLLC on

Over 50% of the adult population of the U.S. has received at least one dose of a vaccine to combat COVID-19, and many employers are looking forward to a “return to normal,” with employees coming back to the workplace. But...more

Jaburg Wilk

Your Attendance Policy May Be a Ticking Time Bomb

Jaburg Wilk on

The EEOC has long waged war against “no-fault” or rigid employment policies. No-fault attendance policies penalize employees by issuing them points (also known as occurrences) for absences, late arrivals and early departures....more

U.S. Equal Employment Opportunity Commission...

Colorado Excavating to Pay $42,500 to Settle EEOC Disability Discrimination Suit

Company Fired Employee After Seizure, Federal Agency Charged - DENVER - Gollnick Construction, Inc., which does business as Colorado Excavating, will pay $42,500 and furnish other relief to settle a disability...more

U.S. Equal Employment Opportunity Commission...

EEOC and Lifewell Living Center, LLC Conciliate Disability Charge

ALBUQUERQUE - The U.S. Equal Employment Opportunity Commission (EEOC) and LifeWell Living Center, LLC have reached a voluntary conciliation agreement to resolve allegations of disability discrim­ination raised by a former...more

Payne & Fears

Key California Employment Law Cases: June 2019

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This month's key California employment law cases involve EEOC charges, disability discrimination, and meal breaks....more

U.S. Equal Employment Opportunity Commission...

Club Demonstration Services Sued by EEOC for Disability Discrimination

Employer Denied Needed Bathroom Breaks to Worker with Bladder Condition, Federal Agency Charges - JUNEAU, Alaska - Club Demonstration Services, Inc. violated federal law when it refused to accommodate an employee in...more

U.S. Equal Employment Opportunity Commission...

Wilmington Trust Corporation to Pay $700,000 to Settle EEOC Disability Discrimination Suit

Predecessor Hudson City Savings Bank Denied Disability Accommodations to Employees, Federal Agency Charged - NEW YORK - Wilmington Trust Corporation, a Delaware corporation and wholly owned subsidiary of M&T Bank...more

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

Untangling Complex Leave Issues – Part I

In the first episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including the interplay between the...more

Butler Snow LLP

Sixth Circuit Upholds EEOC Victory in ADA Suit

Butler Snow LLP on

In a previous piece, I wrote about a diabetic worker in East Tennessee who won a jury award in an Americans with Disabilities Act (ADA) case against Dollar General. The worker was fired for violating Dollar General’s grazing...more

McAfee & Taft

An employer’s duty to initiate the ‘interactive process’ without a request for accommodation from the employee

McAfee & Taft on

The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to persons with disabilities unless doing so would impose an undue hardship or pose a direct threat to the safety of the...more

Fisher Phillips

Nevada Employer Pays $3.5 Million To Settle “100-Percent Healed” Claim

Fisher Phillips on

Nevada Employer Pays $3.5 Million To Settle “100-Percent Healed” Claim - Slots chain employer Dotty’s recently agreed to pay $3.5 million to settle litigation alleging its “100-percent-healed” policy discriminates against...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Merritt Hospitality, HEI Hotels And Resorts LLC For Disability Discrimination

Company Failed to Provide Ventilated Space for Employee With Asthma, Federal Agency Charges - SAN DIEGO - Merritt Hospitality, LLC and HEI Hotels and Resorts LLC, who together operate the Embassy Suites San Diego Bay, a...more

Poyner Spruill LLP

EEOC Disability Discrimination Suit Against UPS Settled for $2 Million

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On August 8, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) issued a press release announcing that its lawsuit against United Parcel Service, Inc. (UPS), alleging disability discrimination claims under the...more

Ruder Ware

Check Your Handbooks!!! UPS Settles Maximum Leave Policy Violations for $2 million.

Ruder Ware on

The EEOC filed suit against UPS on behalf of approximately 90 current and former employees for multiple violations of the Americans with Disabilities Act (ADA). The agency charged UPS with failing to properly accommodate...more

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

Massachusetts Supreme Judicial Court Issues Groundbreaking Decision Allowing Medical Marijuana User to Assert State Law Handicap...

On July 17, 2017, the Massachusetts Supreme Judicial Court issued a unanimous ruling in Barbuto v. Advantage Sales and Marketing, LLC, allowing medical marijuana users to assert claims for handicap discrimination under the...more

Fisher Phillips

12 Months of Additional ADA Leave Not Reasonable, Court Says - Three Lessons to Be Learned From 1st Circuit Decision

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A federal appellate court recently ruled that an employee’s request for 12 months of additional medical leave was not reasonable, and thereby upheld the dismissal of her Americans with Disabilities Act (ADA) lawsuit against...more

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

Can Fido Come to Work? EEOC Files Suit to Require Emotional Support Dog on Truck Route

It’s true. The U.S. Equal Employment Opportunity Commission (EEOC) is taking the position that an emotional support animal may be a required reasonable accommodation in the workplace. In January, we explained that federal...more

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