“Insomnia” Insufficient Basis for ADA and FMLA Claims

In this case, the attorney claimed that her employer's denial of her reduced-work-schedule request constituted both an unlawful failure-to-accommodate under the Americans with Disabilities Act (ADA) and unlawful interference with her right to take leave under the Family and Medical Leave Act (FMLA).   More ›

Supervisor who told Employee she was “too old” not Responsible for Firing

A 61 year-old employee's supervisor made age-related comments over a four month period. Later, while informing the employee that she was being fired, the supervisor suggested that the employee was "too old" for the job. The employee sued her former employer for age discrimination in violation of the Age Discrimination in Employment Act ("ADEA") and the state's civil rights act. The trial court dismissed the employee's lawsuit and the employee filed an appeal. More ›

EEOC Sues Toys "R" Us On Behalf of Deaf Job Applicant

The U.S. Equal Employment Opportunity Commission (“EEOC”) has sued retailer Toys “R” Us for failing to provide an interpreter to assist a deaf job applicant during an interview.

The case raises the interesting question of whether an employer must provide an interpreter for job seekers who are deaf.  The EEOC claims that such a step is one of the reasonable accommodations for disabled workers required by the federal Americans With Disabilities Act (“ADA”). More ›

Court Finds that Employer’s Failure to Return Employee to work Prior to Conclusion of FMLA Leave does not Amount to Interference

In this case, a hotel maintenance employee who had worked for the employer for over 20 years had a history of vision problems. His employer regularly accommodated these problems by ensuring that the employee’s schedule and assignments were copied in large print. Later, the employee suffered an injury, which required him to take leave. The hotel provided him with required information under the Family and Medical Leave Act (FMLA) and approved 12 weeks of leave. More ›

EEOC to Proceed With Class Action Disability Discrimination case Against UPS

In a ruling that could negatively impact employers, an Illinois federal judge has allowed the Equal Employment Opportunity Commission (“EEOC”) to proceed with a class action disability discrimination case against United Parcel Service, Inc. (“UPS”) even though the EEOC has identified only two class members.

The January 11, 2013, ruling by District Judge Robert M. Dow, reverses two prior dismissals of the case, EEOC v. United Parcel Service, Inc., Northern District of Illinois, No. 09-cv-05291.

Judge Dow previously held that the EEOC’s complaint and amended complaint were defective, in part, because they failed to allege adequate factual information. The court changed course unexpectedly. More ›

Right-to-Sue Letter Directed to Attorney Constituted Notice to Employee for Purposes of Filing Timely Lawsuit

After she was denied sick leave, a doctor filed a complaint with the anti-discrimination unit of the Puerto Rico Department of Labor and Human Resources, alleging unlawful discrimination and unwarranted refusal to make a reasonable accommodation for her disability. The local agency referred the matter to the Equal Employment Opportunity Commission (EEOC), and without considering the merits, the EEOC issued a right-to-sue letter. The notice was sent to the doctor, her attorney, and to the employer, and stated that the doctor had 90 days in which to file a Title I action against her employer. Approximately 144 days after the right-to-sue letter was sent, the doctor sued her former employer for violations of the Americans with Disabilities Act. The employer argued that the case should be dismissed because the doctor’s claim was time barred. More ›

Employer did not Discriminate or Retaliate Against Disabled Employee who was Unable to Perform In-Person Supervision Tasks

A supervisor of released adult offenders suffered from sacroiliac joint dysfunction, a condition causing pain in the joints that limited her ability to walk and forced her to work from home. After surgery, she made a full return to work, but roughly a year and a half later she fell down stairs at work and the symptoms of her condition returned. She had a second surgery and took leave under the Family and Medical Leave Act (FMLA) to recover. She was terminated after her FMLA leave expired. More ›

Seventh Circuit: ADA Requires Employer to Reassign Disabled Employee to Vacant Position

On September 7, 2012, in Equal Employment Opportunity Commission v. United Airlines, Inc., No. 1101774 (Sept. 7, 2012), the Seventh Circuit Court of Appeals adopted a new standard for determining when a disabled employee must be reassigned to a vacant position pursuant to the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (ADA) More ›

Sixth Circuit Considers what Constitutes a “Medical Examination” Under ADA

In a matter of first impression before the Sixth Circuit Court of Appeals, the Court considered what the meaning of  “medical examination” is under the Americans with Disabilities Act (ADA). More ›

Citing Employee’s Receipt of SSDI Benefits, the Fourth Circuit Rejects the EEOC’s ADA Action Against Medical Center

On April 17, 2012, the United States Court of Appeals for the Fourth Circuit considered the circumstances under which an employee’s ADA claim and receipt of SSDI benefits can co-exist. More ›