News & Analysis as of

Equal Employment Opportunity Commission (EEOC) Employer Liability Issues Disability Discrimination

Venable LLP

EEOC Sues Employer Over Denial of Service Animal Accommodation

Venable LLP on

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

Bradley Arant Boult Cummings LLP

Don’t Get Dog Tired: How to Respond to Employee Requests to Bring Service or Emotional Support Animals to Work as an Accommodation

A Maryland employer recently found itself in the Equal Employment Opportunity Commission’s (EEOC) doghouse when it allegedly summarily rejected an employee’s accommodation request to have his service animal come to work with...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

Littler

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and...

Littler on

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission...more

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

Disability Discrimination Charges Involving Neurodivergence Are Rising, According to EEOC Data

As diagnoses of neurodiversity become more common, employers are facing more disability discrimination complaints from neurodivergent workers, according to recent data from the U.S. Equal Employment Opportunity Commission...more

Verrill

The GLP-1 Coverage Conundrum: Managing Costs for Group Health Plans

Verrill on

Many employers are facing challenges in incorporating high-cost GLP-1 medications, such as Mounjaro, Ozempic, Rybelsus, Trulicity, and Wegovy, into their group health plans, as they must balance the cost to the group health...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

Holland & Hart - Employers' Lawyers

Disability-Related Remote Work Accommodation Requests: First COVID, then the Deluge

Many employers instituted work from home policies during the pandemic that they are now fine-tuning or rethinking. While telework technology advances and return to onsite work initiatives unfold, employers must navigate...more

Bradley Arant Boult Cummings LLP

Blast from the Past: The Potential Ripple Effect of the ‘Return to In-Person Work’ Executive Order on the Private Sector and Key...

President Donald Trump’s “Return to In-Person Work” executive order (EO) mandates that federal employees return to full-time office work. This EO effectively ended the widespread hybrid and remote work arrangements that had...more

Ruder Ware

What to Expect When Your Employee is Expecting Under the Pregnant Workers Fairness Act

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For many years, employers have been operating within the confines of the Americans with Disabilities Act (“ADA”), the Family Medical Leave Act (“FMLA”), and the Wisconsin Fair Employment Act (“WFEA”) when a pregnant employee...more

Hinshaw & Culbertson - Employment Law...

New York City Amends Lactation Room Accommodation Policy Requirements

New York City recently enacted a local law amending the New York City Human Rights Law relating to an employer's obligation to implement and distribute a written lactation room accommodation policy. ...more

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

Wearable Technologies in the Workplace May Implicate Nondiscrimination Laws

The U.S. Equal Employment Opportunity Commission (EEOC) recently released a fact sheet that explains why employers need to be careful in using wearable technologies so they do not violate federal nondiscrimination laws. ...more

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

Supreme Court Hears Discrimination Case Involving Retiree Benefits

The Supreme Court of the United States recently heard oral arguments in a case that could broadly impact employers’ retiree benefits and liability under the Americans with Disabilities Act (ADA). The court will decide whether...more

Bradley Arant Boult Cummings LLP

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

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

Berkshire

Compensation in the New Administration – Mainstays and New Directions in Investigations

Berkshire on

A change in presidential administrations can influence federal enforcement agencies’ priorities, how they interpret laws and guidelines, and how they carry out enforcement. Consequently, the transition to the Trump...more

Poyner Spruill LLP

Year End Review of the EEOC’s 2024 Litigation Docket

Poyner Spruill LLP on

Each year, the U.S. Equal Employment Opportunity Commission (EEOC) releases a report detailing the number and type of lawsuits the agency filed during the previous 12-month period. For fiscal year 2024 (October 1, 2023 to...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Alto Experience, Inc. for Disability Discrimination

Federal Agency Charges Ride-Hailing Company Denied Accommodations and Employment to Deaf Individuals - WASHINGTON – Alto Experience, Inc., a ride hailing company that currently operates in Texas, Florida, and California,...more

Poyner Spruill LLP

Third Circuit Holds Employee Not Protected by ADA Due to Incapacity to Work

Poyner Spruill LLP on

Is an employee on an extended leave of absence due to a long-term medical condition protected from employment termination by the Americans with Disabilities Act (ADA)? The answer depends on multiple factors, including whether...more

Parker Poe Adams & Bernstein LLP

EEOC Litigation Report Demonstrates Agency's Priorities

Following a "cause" finding in an Equal Employment Opportunity Commission charge of discrimination investigation, the agency issues a right to sue letter to the charging party or agrees to sue the employer on that person’s...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Three Employers for Disability Discrimination

Federal Agency Alleges Bakery, Hotel, and Manufacturer Failed to Accommodate Employee Disabilities - WASHINGTON –The U.S. Equal Employment Opportunity Commission (EEOC) filed a trio of lawsuits in three different industries...more

Littler

The ADA Turns 34: The Intersection of Technology, AI, and Individuals with Disabilities

Littler on

On July 26, 1990, the Americans with Disabilities Act (ADA) was signed into law. On the recent 34th anniversary of the ADA, U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Karla Gilbride and U.S....more

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

Eighth Circuit Chips Away at ‘Honest Belief’ Defense and Creates ‘Intertwinement Test’ for Disability Discrimination Cases

On July 1, 2024, in Huber v. Westar Foods, Inc., in a 2–1 decision, the Eighth Circuit Court of Appeals departed from the “honest belief” defense recognized by the First, Second, Fourth, Fifth, and Seventh Circuits (and U.S....more

Bradley Arant Boult Cummings LLP

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

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

U.S. Equal Employment Opportunity Commission...

EEOC Sues All Day Medical Care Clinic for Discriminating Against Employee for Not Disclosing Disability During Job Interview

Maryland Health Care Provider Terminated Employee with Vision Impairments for Requesting Reasonable Accommodation on First Day of Work - BALTIMORE – All Day Medical Care Clinic, LLC, which operates five medical clinics in...more

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