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The owner of a Comfort Inn & Suites franchise will pay $27,500 to settle claims that it discriminated against an employee because she was pregnant. The case reminds employers to keep in mind that the law prohibits discrimination against pregnant employees, and that employers may need to accommodate them. Ramin Inc., which owned a Comfort […]
A newly introduced bill would require the U.S. Department of Labor to follow a rule it wants to impose on federal contractors. DOL’s Office of Federal Contract Compliance Programs is in the final stages of a rulemaking that would require federal contractors to aim to have workers with disabilities make up 7 percent of their […]
A reasonable jury could conclude that an employer violated the Americans with Disabilities Act when it failed to hire a deaf lifeguard, said the 6th U.S. Circuit Court of Appeals, overturning a lower court’s decision. The case, Keith v. County of Oakland (2013 WL 115647, No. 11–2276 (6th Cir. Jan. 10, 2013)) involved Nicholas Keith, […]
Employers paid more than $400 million to resolve discrimination cases filed with the U.S. Equal Employment Opportunity Commission in fiscal 2012, according to data released by the agency Jan. 28. Among private-sector workers, retaliation, race and sex discrimination, respectively, were the most common discrimination charges. Other highlights from the EEOC’s fiscal 2012 statistical summary: 99,412 […]
A corporate policy that does not include pregnancy among the conditions making an employee eligible for light duty is a “neutral and legitimate business practice,” not evidence of bias against pregnant workers, according to a recent court ruling that dismissed a UPS truck driver’s claim that she was the victim of pregnancy discrimination. Employers may […]
In a recent case, the 4th U.S. Circuit Court of Appeals declined to decide whether small companies that are extensions of larger entities must comply with the Americans with Disabilities Act. The court in Reynolds v. American National Red Cross (No. 11-2278, 11-2280 (Dec. 7, 2012)) said it would not address the matter in a […]
Regulations requiring federal contractors to implement disability hiring goals will be issued in April 2013, the U.S. Department of Labor announced last week. A year ago, DOL’s Office of Federal Contract Compliance Programs proposed a mandate that would require contractors to aim to have individuals with disabilities make up 7 percent of their workforce. The […]
If an employee’s disability causes him to sexually harass co-workers, the Americans with Disabilities Act does not require the employer to turn a blind eye, the 2nd U.S. Circuit Court of Appeals ruled in McElwee v. County of Orange, No. 11-4366-cv (2nd Cir. Nov. 15, 2012). James McElwee, an individual with Pervasive Developmental Disorder, worked […]
Federal guidance on the Americans with Disabilities Act states that all employee medical information must be kept confidential, but that goes above and beyond what the statute requires, the 7th U.S. Circuit Court of Appeals ruled Nov. 20. Despite what the U.S. Equal Employment Opportunity Commission says, ADA protects only information obtained in response to […]
On November 20, the Obama administration announced it is moving forward with certain provisions in the Affordable Care Act (ACA), including banning insurance companies from discriminating against people with preexisting conditions. The administration issued the following: A proposed rule that, beginning in 2014, prohibits health insurance companies from discriminating against individuals because of a preexisting […]