News & Analysis as of

Discrimination › Adverse Employment Action › Americans with Disabilities Act (ADA)

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Constangy, Brooks, Smith & Prophete, LLP

Mandatory referral to EAP may be "adverse action," court says

Constangy, Brooks, Smith & Prophete, LLP on

"Some harm" is all it takes. A federal appeals court found this week that requiring an employee to enter an Employee Assistance Program may be an “adverse employment action” under the federal anti-discrimination laws....more

Husch Blackwell LLP

50 State Update On Pending Legislation Pertaining To Employer-Mandated Vaccinations

Husch Blackwell LLP on

Per recent federal employment law guidance, private employers can generally require employees to get vaccinated for COVID-19 as long as they comply with federal employment laws that prohibit discrimination on the basis of...more

U.S. Equal Employment Opportunity Commission...

Interconnect Cable Technology Corporation Sued by EEOC for Disability Discrimination

U.S. Equal Employment Opportunity Commission... on

Electronics Manufacturer Demoted and Discharged Employee Due to Her Mental Illness, Federal Agency Charges - TAMPA - Interconnect Cable Technology Corporation (ICTC), an electronics manufacturer in Brooksville, Fla.,...more

Seyfarth Shaw LLP

Failure to Investigate and Fat-Shaming Permit Employment Claims to Proceed

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Seyfarth Synopsis: Under California law, obesity can qualify as a disability if it has a physiological cause and limits a major life activity. Proving such a claim has been difficult. The First District Court of Appeal’s...more

U.S. Equal Employment Opportunity Commission...

IXL Learning Sued by EEOC for Retaliation

U.S. Equal Employment Opportunity Commission... on

Employee Fired for Posting About Discrimination on Glassdoor.com, Federal Agency Charges - SAN FRANCISCO - Educational technology company IXL Learning Inc. violated federal law when it retaliated against an employee for...more

Seyfarth Shaw LLP

What’s an “Implied” Request for an ADA Reasonable Accommodation?

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Seyfarth Synopsis: A divided panel of the Eighth Circuit recently decided that an employer may be required to assume or infer from the circumstances that an employee is seeking a reasonable accommodation – even when no...more

Littler

EEOC Guidelines Provide a Confusing Roadmap to Investigating Retaliation Claims

Littler on

Employers have been warned time and time again – retaliation claims are on the rise.  With the number of these claims climbing, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued its Final Enforcement Guidance...more

Sands Anderson PC

Discrimination by Association: It’s Illegal.

Sands Anderson PC on

You may have heard of guilt by association before, but what about discrimination by association? Everyone knows that an employer cannot discriminate on the basis of an employee’s disability, but what if the employee has a...more

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

Miners & Marijuana

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

As in other industries, mining companies must contend with employees and contractors using or being under the influence of illegal drugs in the workplace. Marijuana is one of the most prominent substances detected in drug...more

Hinshaw & Culbertson LLP

Court Shoots Down ADA Discrimination Claim Premised on Employer's Alleged Embarrassment

Hinshaw & Culbertson LLP on

It would never occur to most employers that "embarrassment" could serve as the grounds for a disability discrimination claim, but that's exactly what an employee attempted to argue in Lester v. City of Lafayette. In this...more

Constangy, Brooks, Smith & Prophete, LLP

What’s Your Workplace Retaliation IQ?

Constangy, Brooks, Smith & Prophete, LLP on

It’s been a while since we’ve had an employment law quiz, so let’s do it! This one is on retaliation. As always, the answers will be provided after each question — you have our “no-pressure” guarantee....more

Constangy, Brooks, Smith & Prophete, LLP

Christmas Won’t Be Merry For These Employers!

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Oh, you better watch out! A lot of employers have been naughty. I checked the court dockets, and would you believe all of these employment lawsuits filed in the week before Christmas! ...more

U.S. Equal Employment Opportunity Commission...

Suncup / Gregory Packaging Sued by EEOC for Disability Discrimination

U.S. Equal Employment Opportunity Commission... on

Company Admits It Fired Employee Because of Physical Impairment, Federal Agency Charges - NEWNAN, Ga. - Gregory Packaging, Inc., a nationwide manufacturer and distributor of juice products to school districts and...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues First Title & Escrowand Related Companies for Disability Discrimination

U.S. Equal Employment Opportunity Commission... on

Settlement Services Companies Revoked Part-Time Schedule and Terminated Employee Who Needed Dialysis, Federal Agency Charges - BALTIMORE - Rockville, Md.-based First Title & Escrow, Inc. and its related companies that...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Erie Strayer Company for Disability Discrimination

U.S. Equal Employment Opportunity Commission... on

Erie Equipment Supplier Made Unlawful Medical Inquiries and Engaged in Retaliation, Federal Agency Charges - PITTSBURGH - The Erie Strayer Company, an Erie-Pa.-based construction equipment supplier, violated federal...more

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