News & Analysis as of

Employer Liability Issues Hostile Environment Disability Discrimination

Fisher Phillips

Maine’s Highest Court Narrows Scope of Continuing Violation Doctrine in Discrimination Claims

Fisher Phillips on

The Maine Supreme Judicial Court just handed employers a win by narrowing the application of the “continuing violation” doctrine in discrimination claims under the state’s primary anti-bias law. This doctrine permits...more

BCLP

UK HR Two Minute Monthly: September 2023

BCLP on

Our September update includes cases on whether a transgender employee was discriminated against for being subject to a “gender specific” insult, the extent to which employers should enquire about employees’ disabilities in...more

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

‘POWR’ Play: Colorado Law Tips the Scale in Favor of Employees Regarding Employment Claims, Nondisclosure Agreements

On June 7, 2023, Governor Jared Polis signed Senate Bill (SB) 23-172 into law, radically transforming Colorado’s employment discrimination legal landscape by expanding the Colorado Anti-Discrimination Act (CADA)....more

Bodman

Sixth Circuit Clarifies an Employee’s Duty to Disclose a Disability and Request an Accommodation

Bodman on

A recent opinion by the Sixth Circuit Court of Appeals (“Sixth Circuit” or “Court”), Hrdlicka v. General Motors (March 23, 2023), confirmed that an employee must sufficiently alert their employer of the need for a reasonable...more

Proskauer - California Employment Law

California Employment Law Notes - January 2022

Manicurist Can Proceed With Hostile Work Environment Claim - Fried v. Wynn Las Vegas, 18 F.4th 643 (9th Cir. 2021) - Vincent Fried, a manicurist at a salon in the Wynn Hotel in Las Vegas, was sexually propositioned by a...more

Genova Burns LLC

Cause & Effect: NJ Appellate Division Rules Correlation Does Not Imply Causation in Disability Discrimination Suit

Genova Burns LLC on

On March 4, 2021, the New Jersey Appellate Division in Kalim v. Urban Outfitters, Inc. affirmed the trial court’s dismissal of a former employee’s wrongful termination, hostile work environment, and retaliation claims under...more

Jackson Lewis P.C.

Ohio’s Employment Law Uniformity Act: New Prerequisites And Defenses For Discrimination Claims

Jackson Lewis P.C. on

Ohio employment discrimination claims filed on or after April 15, 2021, will be subject to certain prerequisites under the newly enacted Employment Law Uniformity Act (ELUA). The ELUA updates the state’s...more

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

Massachusetts Federal Court Preliminarily Requires Employer to Allow Employee’s Teleworking

On September 16, 2020, in Peeples v. Clinical Support Options, Inc., No. 3:20-cv-30144, a federal district court in Massachusetts took the unusual step of precluding an employer from discharging an employee who claimed an...more

Seyfarth Shaw LLP

Ask, Or You Shall Not Receive: 5th Circuit Nixes Accommodation Claim for Employee’s Failure to Ask for an Accommodation

Seyfarth Shaw LLP on

Seyfarth Synopsis: Recently, when affirming summary judgment to the employer in a disability discrimination case, the Fifth Circuit Court of Appeals issued two welcome reminders. First, to pursue a disability accommodation,...more

Lewitt Hackman

Unlawful, or Just Mean? California Appellate Court Decides Discrimination Case

Lewitt Hackman on

People with disabilities have legal protections under both federal and state law. California’s Fair Employment and Housing Act (FEHA) prohibits an employer from taking adverse actions against a person because of a person’s...more

U.S. Equal Employment Opportunity Commission...

Herbruck Poultry Ranch, Inc. Pays $93,000 to Settle EEOC Harassment and Retaliation Suit

Egg Producer Harassed, Retaliated Against, and Constructively Discharged a Disabled Employee, Federal Agency Charged - DETROIT - A Saranac, Michigan egg producer will pay $93,000 and provide other relief to settle a...more

Parker Poe Adams & Bernstein LLP

ADA Allows Hostile Environment Harassment Claims

Employees subjected to sexual harassment have long been able to bring legal claims under Title VII alleging creation of a hostile and offensive working environment. Over time, these legal principles extended to other...more

McAfee & Taft

Think twice before you dismiss a cry for help: ADA accommodation request or not?

McAfee & Taft on

You know the scenarios: an employee reports his chair is bothering him; another employee reports the glare of the computer screen is hurting her eyes; and a third employee explains he needs a different office space, better...more

Troutman Pepper Locke

Second Circuit Court of Appeals Recognizes Hostile Work Environment Claim Under the ADA

Troutman Pepper Locke on

Q.  An employee at one of my company’s facilities in New York recently complained to his supervisor that his coworkers made fun of his disability. Can an employee with a disability file a “hostile work environment” claim...more

U.S. Equal Employment Opportunity Commission...

Herbruck Poultry Ranch Sued by EEOC for Disability Harassment

Employer Harassed Line Worker and Then Retaliated Against Her for Complaining, Federal Agency Charges - DETROIT- A Saranac, Mich., egg producer violated federal law by subjecting a worker to a hostile work environment...more

Seyfarth Shaw LLP

Requiring Employees Seeking Reasonable Accommodations to “Feel the Burn” May Violate ADA

Seyfarth Shaw LLP on

Seyfarth Synopsis: The D.C. Circuit recently revived a single-leg amputee’s claim that his former employer failed to accommodate his disability by refusing his request for a classroom aide....more

U.S. Equal Employment Opportunity Commission...

Golden Corral Franchisee to Pay $85,000 to Settle EEOC Disability and Sex Harassment Lawsuit

Restaurant Assistant Manager Physically and Verbally  Abused Autistic Employee and Forced Him to Quit to Escape Harassment, Federal Agency Charged - Charlotte, N.C. - Jax, LLC, which operates a Golden Corral restaurant in...more

Constangy, Brooks, Smith & Prophete, LLP

Alleged Harasser Is A Victim Of -- ADA "Associational" Discrimination?

I do not think "associational discrimination" means what you think it means. Amber Bridges, a former employee of the Magistrate's Court in the City of Indianapolis, claims she was discharged because of her association with a...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Golden Corral for Disability, Sexual Harassment and Discharge

Restaurant Violated Federal Law by Permitting a Hostile Work Environment and Forcing an Autistic Employee to Quit to Escape Harassment, Federal Agency Charges - CHARLOTTE, N.C. - Jax, LLC, which operates a Golden Corral...more

Proskauer - California Employment Law

California Employment Law Notes - January 2017

$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods - Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) - Jennifer Augustus filed this...more

Proskauer - California Employment Law

California Employment Law Notes - May 2016

Employee Who Needed To Assist Disabled Son Could Proceed With "Associational Disability Discrimination" Claim - Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) - Luis...more

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