Walmart Faces Disability Discrimination Lawsuit Over Employment Test

​The U.S. Equal Employment Opportunity Commission (EEOC) recently sued Walmart in federal court for terminating employees whose disabilities prevented them from passing an employment test. The lawsuit claims Walmart managers in Arkansas... Read more »

ADA May Require Commuting Accommodations

​Takeaway: The court concluded that it could not draw a bright line and determine when the Americans with Disabilities Act (ADA) required a commuting accommodation and when it did not. ​The 7th... Read more »

Failure-to-Accommodate Claim Proceeds to Trial Under ADA

​Takeaway: Employers must ensure that employees with disabilities have access to information that is provided to other similarly situated employees without disabilities, regardless of whether they need it to perform their jobs.... Read more »

Bathroom Access Crucial for Workers with Disabilities

​Employees with disabilities sometimes struggle to use bathrooms at the workplace, even if the bathroom meets Americans with Disabilities Act (ADA) standards. Common complaints about workplace bathrooms include stalls that are too... Read more »

Court Says Question of Disability Accommodation Should Go to Jury

​Takeaway: Employers should be aware that a federal court said the determination of whether a requested accommodation, namely working from home, is a reasonable accommodation under the Americans with Disabilities Act is... Read more »

Job Duty Changes, Minor Inconveniences Didn’t Support Discrimination Claim

​Takeaway: Claims of discrimination or retaliation based on an adverse employment action are unlikely to succeed where the plaintiff employee has suffered no financial harm. Courts generally will not view the realignment... Read more »

Blue-Collar Workers Benefit from PWFA

Low-wage, blue-collar workers who lift heavy objects, stand all day or work near hazardous chemicals will benefit most from the recently enacted Pregnant Workers Fairness Act (PWFA), employment lawyers said. The PWFA... Read more »

EEOC Guidance Provides Examples of Accommodations for People with Visual Disabilities

​Employers should provide modifications such as flexible schedules, readers (whether human or technological) and assistive technology (such as audio alarms) as reasonable accommodations for individuals with visual disabilities, as long as there’s... Read more »

Breast Cancer Survivor Advances Some ADA, FMLA Claims

​Takeaway: Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) discrimination and retaliation claims following an employee’s termination are often complex and highly dependent on the specific facts of... Read more »

Federal Court Upholds Lower Court’s Dismissal of FMLA, ADA Claims

Takeaway: 11th U.S. Circuit Court of Appeals dismissed a former employee’s Family and Medical Leave Act (FMLA) claim, even though her employer did not notify her of her rights and responsibilities under... Read more »
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