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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 […]
The U.S. Supreme Court is now weighing arguments in a case with important ramifications for the many employers that have been accused of retaliation — or who fear being accused of retaliation — when they discipline or fire an employee. For workers, the case raises questions about the strength and scope of Title VII’s anti-retaliation […]
Being deaf in one ear is not a disability, the U.S. District Court for the Eastern District Court of Pennsylvania ruled in Mengel v. Reading Eagle Co. (No. 11–6151, 2013 WL 1285477 (E.D. Pa. March 29, 2014)). While findings of “no disability” were common before the Americans with Disabilities Act was amended, they have been […]
Outback Steakhouse will pay $65,000 to a server it fired because of his traumatic brain injury, according to the U.S. Equal Employment Opportunity Commission. The payment will settle a lawsuit EEOC filed on the server’s behalf. The commission alleged that John Woods was fired after a new manager took over an Outback restaurant in Phoenix. Woods worked […]
Often, employees who believe they were fired because of their disability will show that they were replaced by an individual without a disability as evidence of discrimination. In one recent case, however, a district court has allowed a case in which a deaf teaching assistant — who was replaced by another deaf individual — to […]
By Jennifer M. Shepherd and Hannah Roskey It’s well established that discrimination against an employee on the basis of a physical or mental disability is prohibited in Canada. Drug or alcohol addictions constitute a “disability” under most human rights legislation such that employers are prohibited from discriminating against employees on the basis of their addictions. […]
Over the veto of Mayor Michael Bloomberg, New York City will soon have what’s being called the nation’s toughest law against discrimination based on a job applicant’s employment status. The city council passed the law on March 13 despite Bloomberg’s veto. It will take effect in mid-June. Currently, New Jersey, Oregon, and Washington, D.C., have […]
With thousands of pages of new laws and rules, there must be thousands of new reasons for employees to sue for health benefits not delivered properly in the wake of near-complete enactment of health reform starting in 2014, one could be forgiven for thinking. Health reform certainly does appear to be somewhat of a litigation […]