News & Analysis as of

Employer Liability Issues Failure to Accommodate Equal Employment Opportunity Commission (EEOC)

Fisher Phillips

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

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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

Venable LLP

Roque v. Octapharma Plasma, Inc.: $11 Million Verdict in Employment Discrimination Case Despite the Absence of Economic Damages...

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Employers beware. In Roque v. Octapharma Plasma Inc., a California jury delivered an award of over $11 million to an individual plaintiff in an employment discrimination case despite the absence of economic damages for wages...more

Fisher Phillips

Feds File First Lawsuit Under Pregnant Workers Fairness Act: 8 Compliance Reminders for Employers

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The federal agency that enforces workplace anti-discrimination laws is suing an employer for allegedly failing to accommodate an employee’s known pregnancy-related limitations, the first-ever lawsuit filed under the new...more

Fisher Phillips

Home Services Employer Learns the Dangers of Failing to Accommodate Pregnant Employee – 4 Lessons for Employers

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The Equal Employment Opportunity Commission (EEOC) recently announced a settlement to resolve a discrimination charge alleging an employer terminated a pregnant employee after she requested a reasonable accommodation to...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

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

Seventh Circuit Says Employers May Need to Accommodate Transportation Issues Under ADA

In EEOC v. Charter Communications, LLC, the Seventh Circuit Court of Appeals recently held an employee with a disability may be entitled to an Americans with Disabilities Act (ADA) accommodation to get to work when attendance...more

Seyfarth Shaw LLP

Geisinger Prevails 4-2 Against EEOC in Pennsylvania Federal Court, Leaving Anomalous ADA Title V Claim Ripe For Summary Judgment  

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a wide-ranging opinion on pivotal ADA and EEOC jurisdictional issues, the U.S. District Court for the Eastern District of Pennsylvania in EEOC v. Geisinger Health, et al. called mostly strikes against...more

Constangy, Brooks, Smith & Prophete, LLP

Fit for duty? Be careful what you ask for.

At one time or another, one of your employees may have had a serious health condition resulting in multiple absences, followed by a release to return to work with restrictions that you believed prevented the employee from...more

Fisher Phillips

In it for the Long Haul? White House Seeks to Provide ADA Coverage to Those With “Long COVID”

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While employers are excited to see many of their employees return to work following prolonged absences due to the pandemic, one unfortunate consequence is that disability discrimination and failure-to-accommodate claims are...more

Fisher Phillips

Sitting On The Job: When Sitting Is Requested As An ADA Accommodation

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The retail setting is a particularly difficult one in which to make accommodations. This is because retail employees engage in a host of different duties that require all manner of physical activities. Those who are...more

U.S. Equal Employment Opportunity Commission...

Elite Wireless Group Sued by EEOC for Sexual Harassment of Teen Employee

Employer Failed to Take Appropriate Action Despite Criminal Report of Assault, Federal Agency Charges - SACRAMENTO, Calif. -Sprint Authorized retailer Elite Wireless Group, Inc. violated federal law when the retailer...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

Parker Poe Adams & Bernstein LLP

Health Care Worker's Refusal to Obtain Vaccine Dooms ADA Accommodation Claim

Many health care employers require employees with patient contact to obtain various vaccinations as a condition of employment. Occasionally, employees or applicants will decline the vaccines and request an exemption based on...more

Troutman Pepper Locke

Accommodations May Be Needed For Hearing-Impaired Job Applicants And Employees

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Q: I understand that employers may be required to offer reasonable accommodations to hearing-impaired applicants and employees. When are accommodations required?  What kind of accommodations must employers offer?...more

Parker Poe Adams & Bernstein LLP

Tenth Circuit Allows Discrimination Claim to Proceed Despite No EEOC Charge

Plaintiffs who want to file lawsuits alleging discrimination under federal civil rights laws such as Title VII must first file an administrative charge with the Equal Employment Opportunity Commission before proceeding to...more

Orrick - Employment Law and Litigation

Get it on the Calendar: Employees’ Sabbath Work Claims Survive, but Tenth Circuit Rejects Broad “Complete” or “Total” Theories of...

The Tenth Circuit Court of Appeals recently reversed a decision by the U.S. District Court for the District of Utah granting summary judgment in favor of Kellogg USA in a case involving an alleged failure to accommodate...more

BCLP

Supreme Court Rejects Disabled Employee’s Bid to Revive His $2.6 Million ADA Jury Verdict: Why You Should Still Regularly Update...

BCLP on

On October 16, 2017, the Supreme Court rejected an employee’s petition for review of a decision in Stevens v Rite Aid Corporation. Stevens sued under the Americans with Disabilities Act (“ADA”) for alleged discriminatory...more

Baker Donelson

EEOC Filed More than 80 Lawsuits this Summer – Why Employers Should Pay Attention

Baker Donelson on

Indeed, the EEOC filed far more than 80 lawsuits during July, August, and September 2017 – the last quarter of its fiscal year. Approximately 50 percent of those lawsuits targeted employers for alleged individual and, more...more

Bradley Arant Boult Cummings LLP

You Might Feel a Small Stick: EEOC Sues on Failure to Accommodate Phlebotomist

If an employer provides a temporary reassignment to accommodate an employee’s disability/pregnancy restrictions, does it have to return her to that assignment after her maternity leave? The EEOC seems to think so. In Equal...more

Mintz - Employment Viewpoints

Fifth Circuit Holds Reporting to Work Regularly is Essential Function of Attorney’s Job Under the ADA

In a decision that will provide some solace to employers asked to permit remote work as a reasonable accommodation under the Americans with Disabilities Act, the United States Court of Appeals for the Fifth Circuit recently...more

Seyfarth Shaw LLP

Fifth Circuit Says Regular Attendance at Work is an Essential Function of Most Jobs

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a recent win for employers, the Fifth Circuit clarified that opened-ended or unlimited requests to work from home are unreasonable under the Americans with Disabilities Act (“ADA”) and may be rejected...more

U.S. Equal Employment Opportunity Commission...

Food Lion Sued by EEOC for Religious Discrimination

Grocer Refused Accommodation for Jehovah's Witness's Worship Services, Federal Agency Charged - WINSTON SALEM, N.C. - Supermarket chain Food Lion, LLC violated federal law when it refused to provide a religious...more

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