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by Amanda M. Jones Disability discrimination claims are increasing in Hawaii. Case in point: A Hawaii employee sued his employer for disability discrimination even though the employer provided a year’s worth of medical leave and agreed to transfer the employee to a different position to accommodate his heavy lifting restriction. A Hawaii judge recently dismissed […]
The question of whether the Americans with Disabilities Act (ADA) requires noncompetitive transfers as an accommodation has long divided the federal courts of appeal. And until the U.S. Supreme Court answers the question, employers are left with a mix of conflicting court rulings and federal guidance.
Preliminary data from the U.S. Equal Employment Opportunity Commission (EEOC) shows that in Fiscal Year 2016, it filed fewer lawsuits and resolved fewer claims outside of court than it has in recent years, despite an increase in charges filed. Employers also paid less monetary relief.
In EEOC v. Orion Energy Systems, Inc., a federal district court considered a challenge to an employer’s wellness incentive program. As explained in part 1 of this article, the court rejected the company’s contention that the Americans with Disabilities Act’s (ADA) safe harbor for benefits administration should apply.
Did you know that the American Association of Retired Persons (AARP) has initiated a lawsuit against the Equal Employment Opportunity Commission (EEOC)? If you’re not already in the know about this, it may seem like an unlikely event, given that the two organizations are typically on the same side in matters related to employee rights. […]
In hearing a recent federal challenge to an employer’s wellness incentive program, a court rejected the company’s contention that the Americans with Disabilities Act’s (ADA) safe harbor for benefits administration should apply. However, the court dismissed the U.S. Equal Employment Opportunity Commission’s (EEOC) claim that Orion Energy Systems Inc.’s incentive violated the ADA, even though […]
Employers continue to face both federal charges and private lawsuits over policies that require workers to be fully healed from injuries before returning to work. According to the U.S. Equal Employment Opportunity Commission (EEOC), this means employers aren’t aware of their accommodation responsibilities under the Americans with Disabilities Act (ADA).
by Kara M. Maciel, Esq. and Dan Deacon, Esq., Conn Maciel Carey Now more than ever, employers are at an increased risk of facing a retaliation complaint as regulatory rule changes and expansive federal laws make asserting these claims much easier for employees to prevail.
A recent judgment offers a lesson in responding to discrimination claims. According to the U.S. Equal Employment Opportunity Commission (EEOC), an employer has been ordered to pay $37,500 in damages for filing suit against an employee because she filed an equal pay charge.
by Kevin C. McCormick, JD, Whiteford, Taylor & Preston LLP In a significant decision, The U.S. district court in Baltimore declined to award the Equal Employment Opportunity Commission (EEOC) retroactive or prospective monetary relief in an age discrimination case in which the agency claimed that Baltimore County had improperly calculated pension fund contributions.