News & Analysis as of

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

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 -
Husch Blackwell LLP

Tennessee Attorney General’s Office Launches New Civil Rights Enforcement Division: What Employers Need to Know

Husch Blackwell LLP on

On July 1, 2025, Tennessee Attorney General Jonathan Skrmetti announced the launch of the Civil Rights Enforcement Division (CRED), a newly established unit within the Attorney General’s Office. This significant structural...more

Gould + Ratner LLP

SCOTUS: ADA Doesn’t Extend to Retired Employees

Gould + Ratner LLP on

The United States Supreme Court has determined that the Americans with Disabilities Act (“ADA”) does not extend to discrimination claims from retired employees. In an 8–1 decision issued on June 20, 2025, the Court held that...more

Constangy, Brooks, Smith & Prophete, LLP

“If we do it for you, we’ll have to do it for everybody”: 4 worst practices for employers

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Accommodate, accommodate, accommodate! I started practicing law two years before Congress enacted the Americans with Disabilities Act (1990), and four years before it took effect (1992 for larger employers, 1994 for smaller...more

Fox Rothschild LLP

Proposed Rules Would Eliminate Most Affirmative Action Requirements for Federal Contractors

Fox Rothschild LLP on

In a sweeping shift, the Department of Labor (DOL) has proposed to rescind nearly all affirmative action requirements that apply to federal contractors under EO 11246 and Section 503. The changes, outlined in recent...more

Sheppard Mullin Richter & Hampton LLP

Where Are We Now With the Use of AI in the Workplace?

Sheppard Mullin Richter & Hampton LLP on

As we previously reported, employers must navigate a rapidly evolving legal landscape as artificial intelligence (AI) continues to transform the modern workplace. From federal rollbacks to aggressive state-level regulation,...more

Farella Braun + Martel LLP

Return to Office Mandates: Best Practices and Minimizing Litigation Risks

Farella Braun + Martel LLP on

The transition to in-person work after years of permitting and promoting remote work presents unique challenges for nonprofit organizations. While returning to the office (RTO) can enhance collaboration and workplace culture,...more

Conn Maciel Carey LLP

The EEOC’s New Guidance on Wearable Tech: What Employers Need to Know

Conn Maciel Carey LLP on

Last year, many of our clients began asking us about the feasibility of requiring or, at the very least, providing their employees with the option of using “wearable technology” in the workplace. As wearable technologies...more

U.S. Equal Employment Opportunity Commission...

Northern Virginia Surgery Center Pays $50,000 in EEOC Disability and Age Discrimination Lawsuit

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

Nonprofit Settles Federal Lawsuit Alleging It Fired an Older Worker While She Was on Medical Leave and Replaced Her With Younger, Less-Qualified Employees - WASHINGTON – Northern Virginia Surgery Center, LLC (NVSC), which...more

Bradley Arant Boult Cummings LLP

Watch Out, Employers: Using Smart Devices in the Workplace May Not Be So Smart

Bradley Arant Boult Cummings LLP on

What does the EEOC have to do with smart watches, rings, glasses, helmets and other devices that track bodily movement and other data? These devices, known as “wearables,” can track location, brain activity, heart rate, and...more

Bradley Arant Boult Cummings LLP

Freeing the Well-Being: Mental Health Accommodations in the Workplace

Bradley Arant Boult Cummings LLP on

Does it seem like you are dealing with more mental health issues in your workforce? If so, you are not alone. Recent mental health claim statistics show an alarming increase in chronic illnesses since the pandemic. For adults...more

Seyfarth Shaw LLP

Human Rights Agencies Issue Discrimination / Harassment Guidance Amidst COVID-19 Concerns

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Seyfarth Synopsis:  The U.S. Equal Employment Opportunity Commission (“EEOC”), the New York State Division of Human Rights (the “Division”) and the New York City Commission on Human Rights (the “Commission”) have all recently...more

Foley & Lardner LLP

So What’s it Going to Cost Me?

Foley & Lardner LLP on

When faced with an employment discrimination, harassment or retaliation claim, often the immediate response is, “We are going to defend ourselves and prove we are right,” followed by, “So what will it cost us if we lose?”...more

Seyfarth Shaw LLP

Tick, Tock….The EEOC Runs Out The Clock – Fiscal Year 2017 Marks A Last Minute Return To Frantic Filing

Seyfarth Shaw LLP on

Seyfarth Synopsis: With uncertain times and profound changes anticipated for the EEOC, employers anxiously await what enforcement litigation the EEOC has in store. Although 2016 showed a marked decline in filings, fiscal year...more

U.S. Equal Employment Opportunity Commission...

American Dental Association to Pay $1.95 Million to Resolve EEOC Discrimination Finding

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

Federal Agency Found Reasonable Cause to Believe Two Association Execs Were Discharged in Retaliation for Voicing Concerns About Potential Discrimination - CHICAGO - The American Dental Association, which is...more

Robinson+Cole Data Privacy + Security Insider

House Bill Would Allow Employers to Require and Access Genetic Testing Results

Robinson+Cole Data Privacy + Security Insider on

House bill HR 1313, introduced by Representative Virginia Foxx (R.N.C.), proposes to allow companies to require employees to undergo genetic testing, then allow employers to see the results, and impose financial penalties on...more

U.S. Equal Employment Opportunity Commission...

EEOC Charlotte District Office Pilots Online Inquiry and Appointment System for The Public

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

New System Provides Online Interaction With the Federal Agency - CHARLOTTE, N.C. -- The Charlotte District Office of the U.S. Equal Employment Opportunity Commission (EEOC) is one of five offices that will pilot the EEOC...more

Bradley Arant Boult Cummings LLP

You Don’t Look Like You Are From Around Here: EEOC Guidance on National Origin Discrimination

Bradley Arant Boult Cummings LLP on

If you weren’t sure what it meant to discriminate against someone because of their national origin, the EEOC wants to help. The newly revised Section 13 of the EEOC Field Manual provides guidance on how the EEOC defines...more

Littler

Annual Report on EEOC Developments – Fiscal Year 2016

Littler on

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

Akerman LLP - Health Law Rx

Coming Soon: More Paperwork for Healthcare Providers

Akerman LLP - Health Law Rx on

Employers may see an uptick in requests for accommodations of mental disabilities, and healthcare providers may be asked to fill out yet more paperwork, as a result of two new publications issued by the EEOC last week....more

Franczek P.C.

EEOC Releases New “Resource Document” On Mental Health Conditions under the ADA

Franczek P.C. on

On December 12, 2016, the EEOC issued a new Q&A style document entitled “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights.” While clearly aimed at employees with mental health...more

Akerman LLP - HR Defense

Expect More Mental Health Accommodation Requests – and More Paperwork for Healthcare Providers

Akerman LLP - HR Defense on

Employers may see an uptick in requests for accommodations of mental disabilities, and healthcare providers may be asked to fill out yet more paperwork, as a result of two new publications issued by the EEOC last week....more

Littler

A Review of the EEOC's Systemic Initiative: Tracking its Progress, Current Priorities, and Key Developments in FY 2016

Littler on

On November 16, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued its annual Performance and Accountability Report, which highlights key EEOC developments over the past fiscal year, ending September 30,...more

Littler

Addressing Post-Election Tensions in the Workplace

Littler on

As the extreme rhetoric of the 2016 presidential campaign slowly wanes, the divisions it exposed remain raw. Many Americans celebrate the election of President-elect Trump, while many others continue to express concern about...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues East Coast Labor Solutions for Disability and National Origin Discrimination

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

Staffing Agency Discriminated Against Latino Workers Who Were Recruited With Promise of Good Pay, Federal Agency Charges - BIRMINGHAM, Ala. - An Alabama temporary staffing firm violated federal law by subjecting Latino...more

Akerman LLP - HR Defense

Gig and Technology Sectors Targeted in EEOC Enforcement Plan

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The EEOC is targeting the “21st-century workplace” by focusing on gig economies and the technology sector in its new Strategic Enforcement Plan. The new Enforcement Plan also targets what the EEOC calls “complex employment...more

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