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Noting that the increasing number of employee retaliation claims in employment discrimination cases calls for the proper interpretation and implementation of statutory language, the U.S. Supreme Court on June 24 issued a 5-4 ruling that will likely make it easier for employers to fend off such claims. In University of Texas Southwestern Medical Center v. […]
The term “supervisor” is not to be taken lightly when determining the scope of employer liability in employment discrimination claims, according to the U.S. Supreme Court. On June 24, the court held in a 5-4 decision that an employee is a “supervisor” under Title VII of the Civil Rights Act only if he or she […]
By Marc Rodrigue Hiring a new employee can be a lengthy process, fraught with complex evaluations of skills, qualifications, and other attributes. The whole process must of course comply with applicable provincial and federal antidiscrimination laws. What people say during the process may provide evidence that a hiring decision is discriminatory. Where multiple people are […]
Employees need not have a disability to challenge the legality of an employer’s required medical exams, the 11th U.S. Circuit Court of Appeals has ruled in a case of first impression. At the same time, the court also reaffirmed the ability of an employer to request an examination because it was related to performing a […]
Federal agencies just issued new final rules for contingency-based wellness program goals under health reform. If employers offer to give a reward (such as discounted health insurance premiums) to workers who accomplish some kind of biometric goal (a contingency standard), then employers must have a standing “reasonable alternative” to the contingency-based standard, government officials told […]
The U.S. Supreme Court again refused to decide whether the Americans with Disabilities Act requires employers to reassign employees with disabilities to vacant positions, without requiring them to compete with other candidates. The Court declined May 28 to hear EEOC v. United Airlines Inc., No. 10-cv-01699, 2012 WL 718503 (7th Cir. March 7, 2012). The circuit-court divide on […]
The agency responsible for enforcing the Americans with Disabilities has revised several of its guidance documents to reflect recent changes to the law. The May 15 changes were necessary because of the ADA Amendments Act, which expanded the law’s coverage in 2009, the U.S said in a press release. The documents explain how ADA applies […]
The largest jury award ever for a U.S. Equal Employment Opportunity Commission suit must be reduced to meet a statutory cap, the commission noted May 10 in final court filings. A court will have the final say over whether the award will be reduced, however. A jury on May 2 awarded $240 million to 32 […]
An Oklahoma employer will pay $50,000 to settle the first lawsuit the federal government filed to enforce the Genetic Information Nondiscrimination Act. The case, Civil Case No.: 13-CV-248-CVE-PJC, was filed in the U.S. District Court for the Northern District of Oklahoma. The U.S. Equal Employment Opportunity Commission, which is tasked with enforcing GINA, filed suit […]
While the Americans with Disabilities Act may require an employer to remove marginal job functions as an accommodation for an employee with a disability, it does not require the reassignment of all duties. An employee who can do nothing but show up for work is not qualified for ADA’s protections, a recent opinion from the 5th […]