Americans with Disabilities Act
Employee flunks drug test — then collects six-figure payout
Be careful how you respond if an employee flunks a drug test. The Equal Employment Opportunity Commission (EEOC) just resolved a lawsuit it filed against an employer. It had accused the employer of responding to an employee’s two positive drug tests in a way that violated the Americans with Disabilities Act (ADA). The EEOC sued…
Feds to NJ employer: ‘That job termination violates the ADA’
A newly filed lawsuit says a New Jersey nursing home’s job termination of a longtime worker violated the Americans with Disabilities Act (ADA). The employee’s lifting restriction did not prevent her from doing her job, the suit alleges, and the employer never talked to her to determine whether accommodation was possible – or even needed….
Flu shot requirements: Can you do that?
A new EEOC lawsuit is taking aim at a Michigan hospital that allegedly violated federal law by denying a job applicant’s request to be excused from a generally applicable flu shot requirement. The suit targets Mercy Health St. Mary’s, which is a hospital in Grand Rapids. The agency says Mercy Health illegally rescinded a job…
Former employee sued over benefits plan change: Why court dismissed ADA lawsuit
Due to a city’s decision to change its benefits plan, a former firefighter battling Parkinson’s lost a valuable fringe benefit: a subsidy that covered her health insurance premiums. Then she filed a lawsuit, alleging ADA and other claims. Debilitating disease ends career In 2016, Karyn Stanley was working as a firefighter for the…
How a (good) job description can squelch an ADA lawsuit
One way to win an ADA lawsuit is to show that the applicant or employee is not able to perform the job’s essential functions. To do this, employers have to know what it takes to show that a particular function is truly “essential” to the position at issue. Sometimes, that line can get a little…
Job accommodation: New ruling sheds light on scope of employer duty
It’s been a nagging and frustrating question for employers for decades now: When it comes to providing reasonable accommodation for employees with disabilities, exactly how far do I have to go? Savvy employers are well aware of the concept of engaging in an “interactive process” of finding a workable accommodation, which essentially entails an obligation…
Jury slams trucking company with $36M verdict for deaf driver
A federal jury in Omaha awarded more than $36 million in an ADA suit that claimed a truck driver was wrongfully denied a job because he is deaf. Victor Robinson applied for a job as a truck driver with Werner Enterprises in 2016. At the time, Robinson had completed truck driving school and obtained his…
New AI discrimination suit uncovers learning curve: 3 key lessons for HR
HR has embraced artificial intelligence (AI) across most major functions, according to Eightfold AI’s annual Talent Survey. For example, 73% of HR leaders reported that they used AI “to some extent” during the recruiting and hiring process. But AI, like most new tools, also comes with a learning curve, as a new lawsuit shows. Applicant…
New disability bias suit echoes familiar theme
A new disability bias suit accuses the Salvation Army of violating the Americans with Disabilities Act by terminating a cashier on the basis of his disability. Like a legion of cases before it, the suit says the events triggering the wrongful termination coincided precisely with what has proven to be a surprisingly dangerous move for…
New guidance: Hearing disabilities and the ADA
A new resource document from the Equal Employment Opportunity Commission (EEOC) provides valuable guidance relating to job applicants and employees with hearing disabilities. The guidance explains how employers can steer clear of Americans with Disabilities Act (ADA) violations and offers tips on providing reasonable job accommodations. In addition, it warns against making stereotypical assumptions about…
New settlement: Work-from-home dispute costs employer $47K
Work-from-home arrangements were always a potential accommodation under the Americans with Disabilities Act (ADA), and they became generally more prominent when the now-lingering pandemic first hit. But despite their proliferation, some employers are continuing to run into trouble when it comes to permitting work-from-home schedules. A case in point: The Equal Employment Opportunity Commission (EEOC)…
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