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An employee who claimed she was fired because her newborn daughter had a disability has been given the green light to sue her employer under the Americans with Disabilities Act. Karen Abdel-Khalek, who worked for Tenenbaum and Associates, Inc., gave birth to a baby with serious health problem. Several months later, while Abdel-Khalek was on […]
The federal Equal Employment Opportunity Commission has released comprehensive guidelines designed to help its investigators analyze complaints-and help employers comply with their accommodation obligations-under the Americans with Disabilities Act. The new enforcement guide attempts to answer frequently asked employer questions on a range of topics-from how to handle medical verification of a disability to when […]
Several injured prison guards who lost their jobs after their doctors prohibited them from having direct contact with inmates were not discriminated against under the Americans with Disabilities Act, according to a new ruling by the federal appeals court that covers California. The King County Department of Adult Detention initially accommodated the guards’ injuries by […]
Employers have won a whopping 92% of disability discrimination cases that have gone to trial, according to a new American Bar Association study. Despite the impressive statistics, the Americans with Disabilities Act poses continuing risks for employers. The study did not take into account cases that settled before trial and the high cost of defending […]
The U.S. Supreme Court has agreed to resolve conflicting lower court decisions about whether people who are HIV-positive, but don’t have any AIDS symptoms, automatically qualify as disabled under the Americans with Disabilities Act. The case, which involved the part of the law dealing with discrimination in public accommodations, arose when a dentist refused to […]
An Oakland jury has ordered Home Depot to shell out almost $1.7 million for retaliating against an employee who complained about sexual harassment and failing to accommodate her under the Americans with Disabilities Act. Denise Restivo, a computer systems coordinator, was demoted and transferred after charging that managers made sexual remarks and mocked the company’s […]
Your employee handbooks and manuals probably state that the policies are not intended to create a contract and are subject to change. This is a common provision employers use to maintain the flexibility to modify their personnel practices and procedures. But now, in a recent case many employers will find startling, one company learned this […]
After reducing a huge backlog of cases, the Equal Employment Opportunity Commission (EEOC) filed fewer charges last year but significantly increased the amount of money it won from employers. Settlements obtained before cases entered litigation totaled $145.2 million, just shy of the 1994 record of $146.3 million. Lawsuits generated another $51.2 million in awards last […]
The most recent drug testing survey published by SmithKline Beecham Clinical Laboratories indicates the number of workers who test positive for drug use is at an all-time low. Only 5.8% of more than 4 million workplace drug tests the company performed in 1996 were positive, a 13% decline from 1995. Of special interest to California […]
In the first HIV case of its kind filed by the EEOC under the Americans with Disabilities Act, an applicant whose job offer was withdrawn after the person tested positive for HIV has agreed to a $90,000 settlement. The applicant signed an employment contract to be an entertainer on a Dolphin Cruise Line ship. But […]